What is the recourse if the transferor denies owing any debt to the transferee in the first place?
General Chapter
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the transferor denies owing any debt to the transferee, the transferor's statement prevails without an oath, because the transferee has implicitly affirmed his discharge from the debt by recovering it from the debtor.
Supporting text
If the transferor admits the original debt, the transferee cannot claim it because the transferor affirms that the transferee was discharged by the transfer. If the debtor and transferor confirm that the transferee unjustly recovered the debt, and the transferee further claims the transferor unjustly took money from him, the transferee should receive the money and return it to the debtor, or permit the transferor to pay the debtor directly. If the debtor affirmed the transfer to the transferee and paid him, but the transferor subsequently denied the transfer, the transferor must take an oath and can then revert to claim against the debtor.