Special Conditions of an Action for Release from Debt

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

An action for release from debt is a special action following provisional lifting of an objection to a signature in ordinary attachment proceedings. It is not a general objection action available against every payment order. The preceding enforcement court decision and its nature determine the action's scope of application.

Article 69 of the Enforcement and Bankruptcy Law makes the action subject to a short time limit and a special security requirement. The commencement of that period must be examined together with how the provisional lifting decision was notified. Provision of the required security or deposit is another feature distinguishing this action from ordinary debt claims.

Provisional lifting of the objection may allow the creditor to request provisional attachment. Its conversion into final attachment and progression to sale depend on whether the action is brought and on its outcome. Provisional attachment at this stage is neither the same mechanism as precautionary attachment nor a determination of the claim by a final judgment.

The action serves to examine the merits of whether the debt exists. The burden of proof and evidence are assessed within the framework of the debt relationship and the signature dispute. The action's name does not mean that a debtor may escape enforcement by making unsupported allegations.

For example, after a provisional lifting decision concerning an instrument bearing a disputed signature, merely repeating the same objection in the enforcement file does not replace this action. A general action for a declaration of non-indebtedness and an action for release from debt have different time-limit and security consequences. The remedy must be selected by reference to the operative part of the preceding decision and the stage of the file.

This article has been prepared for general legal information purposes.