The debtor may also file a proper negative declaratory action (menfi tespit davası) before or during the enforcement procedure. The criterion to distinguish the filing of this action from the action that we are going to discuss next, the action for restitution (istirdat davası), is whether the obligation is performed; regardless it was directly paid or paid with the liquidation of the attached assets of the debtor. In first case, a negative declaratory action, and in second case an action for restitution must be filed by the debtor.

If the credit is paid, the debtor must file an action for restitution in order to retrieve it. In addition, if the payment was made during the negative declaratory action, said action automatically transforms into an action for restitution. Unlike the negative declaratory action, the action for restitution is an action of performance; the debtor (now the plaintiff) demands the return unlawfully and unnecessarily paid money to the creditor on account of the compulsory enforcement procedure. In order to file an action for restitution, a monetary performance must have been made during a compulsory enforcement procedure under the intimidation of the said procedure.

The correct answer is B.