Under the rules of evidence in our legal system, for the claim that the debtor is not liable for a check or promissory note to be admissible, the burden of proof in this regard must first be met. In a negative determination lawsuit filed by claiming that the check or promissory note is worthless, the burden of proof falls on the plaintiff debtor.
As an exception, separate regulations are envisaged for receivables acquired by factoring companies. Accordingly, even if the receivable acquired by the factoring company originates from a bill of exchange, it must be certified by the invoice or similar documents pertaining to the underlying relationship giving rise to the receivable.
Consequently, in order to prevent victimization, it is important to first prepare a written document stating the legal relationship on which the delivery of checks and bills is based. In this case, the burden of proof regarding the basis of the bills in question will be met. After this stage, if proof is provided that the contract has not been fulfilled or if the payment of the bill amount is proven with a written document, the claim of non-payment will be legally protected in a negative determination lawsuit. If the claim subject to the negative determination lawsuit is paid, the claim will be converted into a claim for restitution.
