Insights

PEPEX - EXTRAJUDICIAL PRE EXECUTIVE PROCEDURE

03/06/2014

On May 30, Law 32/2014 was published approving the legal regime of the extrajudicial pre executive procedure: "PEPEX" 

The PEPEX is an extrajudicial and optional procedure, which allows the creditor information about attachable assets and other relevant information regarding the debtor, by means of consulting electronic databases by a bailiff. 

The creditor may apply to the PEPEX procedure provided that certain requirements are met, including that the creditor holds an enforceable title and that the debt is certain, liquid and due. 

During the procedure, the bailiff consults the electronic databases, after which he issues a report summarizing the outcome of the consults, which must contain information on whether or not there are attachable assets and if they are burdened. 

The procedure can be converted into an executive procedure if the creditor wishes to do so. That will also be the case (or otherwise the procedure shall be terminated) if certain circumstances occur such as the debtor displaying attachable assets or any breach of the settlement agreement entered into between creditor and debtor within the procedure. 

The procedure can also lead to the inclusion of the debtor in a public list of debtors, which enables the creditors to obtain electronic certificate of uncollectability of the debt, for tax purposes. 

It is expected that the costs involved in this procedure will be lower than those involved in the beginning of the executive procedure. 

The Law enters in force on September 1, 2014.

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