The law 32/2014, of 30 may, approved the so-called extrajudicial procedure pré-executivo (PEPEX). This is a new legal mechanism which gives the creditor the possibility to identify, out of court, and in a more expeditious and less costly, the goods liable to garnishment that may possibly belong to the debtor and thus allow the satisfaction of his claim. (See here our previous newsletter on this topic).
Any creditor who holds an enforceable decision that, pursuant to the CPC, the enable the appeal process running under the summary form, may resort to the PEPEX. As a rule, securities executives who meet the conditions of the CPC are: (i) condemnatory judgment, (ii) injunction with enforceable formula, (iii) authentic or authenticated document irrespective of its value since the lender has collateral (mortgage or pledge), (iv) authentic or authenticated document with a value of less than € 10,000 .00, (v) other documents which the law check out enforceable since with a value of less than € 10,000 .00 (check, lyrics, promissory note, condominium Act or notification of the NRAU).
The law that instituted this new procedure came into force on September 1, 2014, but referred to regulation of some aspects for an Ordinance to be published in due course. On November 14 was published the said Ordinance (P 233/2014).
233/2014 Ordinance, of 14 November, came as well:
1) Create the PEPEX support computer platform and set the terms of its functioning and access to same,
2) establish the criteria for distribution to agents of carrying out the requests submitted under the procedure,
3) establish arrangements for the payment of the amounts due, as well as responsibility for the same, in case of judicial patronage,
4) approving the generic models of notifications and applications to be used in the PEPEX.
The computer platform PEPEX support, which enables the delivery of requirements, it is the responsibility of the Chamber of bailiffs. Is this organism that fits its creation, maintenance, management and technical support, with access to the same particularly for handover of the procedure is carried out through the site www.pepex.mj.pt.
Once delivered, the distribution agents Run procedures shall be in accordance with the criterion of geographical proximity of the defendant. There is more than one Respondent, account shall be taken of the address indicated in the first place. Going on more than an enforcement agent, prefers that the who has been distributed for over time a procedure. There is no enforcement agent in the area, is the request addressed to the enforcement agent to find the shortest distance of the defendant.
The enforcement agent cannot be chosen by the applicant, unlike in executive action, being automatically assigned by the platform.
The value to be paid for the submission of the application is € 51,00 (plus VAT at the rate in force), and this value may vary depending on the fiscal regime of the applicant and of the enforcement agent, but is calculated automatically by the platform. If the applicant is considered great litigator, will pay an additional € 25.50.
The payment to enforcement agents may be made differently if any of the parties is assigned legal aid or if any place the phased payment of Justice.
Lastly the Concierge approves generic models of notifications and applications to use within the PEPEX, containing a total of twenty-one attachments.
Contact:
Sofia de Sales Sousinha- [email protected]