How is the lawsuit process for judicial collection?
- Orality: judicial collection processes are resolved through one or two oral and private hearings, where a judge will give his final ruling.
- Actions to correct the debts: the defaulter may suffer the seizure of his salary or the auction of those properties or vehicles that are guaranteeing his credit or are under his name.
- Technological tools: Law 8624 established the use of the electronic file, whose objective is to accelerate those notifications and procedures linked to the judicial collection and facilitate the follow-up of the file to the parties.
What should be done through a judicial collection process?
- Proposal of the claim and notification to the defaulter by means of an initiatory resolution, where the amount owed is estimated. Once notified you have 15 days to pay the debt or answer the claim.
- If you do not oppose to the claim or provide unfounded answers, the intimating order becomes a judgment and, therefore, the law authorizes the seizure of your salary or the auctioning of the properties or vehicles that are under your name, which has as an objective: the payment of the debt.
- If the debtor presents a substantiated justification with respect to the debt, the judge in charge of the judicial collection process will convene one or two oral hearings so that the parties may appear, present the pertinent evidence and issue a final judgment.
What are the formalities that a judicial process must have?
The claim for judicial collection must contain the following information:
A. Names and qualities of both parties: plaintiff and debtor.
B. Succinct (brief) exposition of the facts.
C. Fundamentals of law.
D. The request.
E. Sums claimed for capital and interest.
G. Means to attend future notifications.
H. Place to notify the defendant.