Last May 30 was published the Law 32/2014 approving the pre-named executive extrajudicial procedure.
This is a new, totally innovative legal mechanism, which aims to facilitate and make the process of debt collection more effective. was intended, with this new procedure, give the creditor the opportunity to identify, out of court, and so faster and less costly, the property liable to attachment which might belong to the debtor, and thus enable the satisfaction of their claims. ‘s that until now could only get through the interposition of executive action is now available to any lender through this new mechanism.
Indeed, it is possible for the lender, through the enforcement agent, have access to the usual data bases (tax administration, social security, civil status, national register of legal persons, property registration, business registration, vehicle registration and other) to collect information of the debtor and its attachable assets without the need to bring an enforcement action’s this great novelty introduced by the pre-court executive procedure. Accordingly, if the search result made the existence of the debtor’s assets liable to attachment, you can turn this to the lender extrajudicial procedure in executive action and other proceedings of this proceeding, in particular with the seizure and sale of property found.
If, however, the searches carried out by the implementing agent result of the lack of property liable to attachment, then the debtor is notified and may:
- Proceed to the voluntary payment of sums due,
- Conclude the settlement agreement in installments the amount owed,
- Indicate attachable assets,
- Oppose the procedure, based on the grounds set out in Civil CP
Nothing doing, the debtor will be included in the public list of debtors, making it possible to obtain the lender implementing electronic certificate uncollectible debt agent. The fact that the lender can see their debt deemed uncollectible for tax purposes, no need to bring an executive action and soon, faster and less expensive way, is another major novelties brought by this new legal mechanism.
Also new is the manner provided by this Act for notification of the debtor. The first notification is always done through personal contact, whether in your home or workplace, if a natural person concerned, be in your seat, if it is a legal person. The remaining notifications are made by post or electronically. Law establishing this new procedure provides for its entry into force the next day September 1, 2014, but leaves some relevant aspects to be regulated by Ordinance as is the If the terms of queries to databases and reporting formats and application use.