Executive Trial and Credit Execution
Wolfenson Lawyers provides legal advice for the execution of credit or debt titles.
It is essential to have good legal representation in judicial and extrajudicial collection processes, for the success of our claims. It is in this way that our law firm provides adequate legal advice for the effective collection of instruments or credit instruments such as promissory notes, checks, invoices, among others. Through the initiation of a prior extrajudicial collection until reaching judicial collection through the executive procedure of seizure of movable and immovable property.
Wolfenson understands the value of our clients' work, which is why we provide timely legal guidance in the judicial collection procedure.
Here is a legal guide to provide you with guidance on the enforcement procedure:
What is the executive procedure?
The executive procedure or executive trial is a procedure of general application, which aims to fulfill any obligation that is contained in an undisputed document, which the law considers as an executive title . This procedure leads to the realization of the debtor's assets ( seizure and subsequent sale of them) for the purposes of complying with the obligation.
In the executive trial in Chile , if the executed (defendant) remains inactive and does not oppose exceptions or opposition within the legal term , the pronouncement of the final judgment will be omitted and the judicial resolution called “execution order and embargo” will do the times of this, being considered enforced for all legal purposes . This means that the sale of your assets will proceed until the debt has been satisfied.
What are the exceptions in the executive trial?
The law exhaustively lists the exceptions that the executed (debtor) may oppose in Article No. 464 of the Code of Civil Procedure . They are:
1. The incompetence of the court before whom the claim has been presented;
2. The lack of capacity of the plaintiff or legal personality or representation of the person who appears on their behalf;
3. The litigation-pendency before a competent court, provided that the judgment that gives rise to it has been promoted by the creditor, either by way of claim or counterclaim ;
4. The ineptitude of libel for lack of any legal requirement in the way of formulating the demand, in accordance with the provisions of article 254 ;
5. The benefit of excussion or the expiration of the bond;
6. The falsity of the title ;
7. The lack of any of the requirements or conditions established by law for said title to have executive force , either absolutely, or in relation to the defendant;
8. The excess of appraisal in the cases of subsections 2 and 3 of article 438;
9. The payment of the debt ;
10. The referral of the same;
11. The granting of waiting or the extension of the term ;
12. The novation ;
13. Compensation ;
14. The nullity of the obligation ;
15. The loss of the thing due, in accordance with the provisions of Title XIX, Book IV of the Civil Code;
16. The transaction;
17. The prescription of the debt or only of the executive action ; and
18. The res judicata.
Executive titles admit perfect and imperfect executive titles as a classification. The former allow the creditor to immediately start the execution through the executive procedure , while the latter require "preparatory management of the executive route" to pursue debt compliance. Article No. 434 of the Code of Civil Procedure enshrines the so-called perfect titles.
What do I need to start an executive judgment for non-payment of debt?
In order to start, it is necessary that 4 budgets are present :
1. Existence of an executive title containing the obligation to be fulfilled
2. The obligation must be liquid
3. The obligation must be currently payable
4. The obligation must not be prescribed
How to judicially collect a promissory note?
To collect a promissory note, it is necessary to make the protest of the same by notifying the debtor, it will only be exempted from said requirement if the parties have expressly waived said protest at the time of agreeing on the promissory note . Once this action has been carried out, it is already possible to initiate the executive collection through a lawsuit before the competent Civil Courts of Justice , accompanying the respective title (protested promissory notes) through the legal advice of our specialist lawyers.
How to judicially cash a check?
To judicially cash a check , said check must be protested by the debtor , by means of a non-payment order to the bank . Subsequently, the executive route must be prepared through a judicial action (preparatory management) , notifying the debtor through a judicial receiver and accompanying the protested checks to the cause and hearing of the court. If the debtor does not make a charge of falsehood within the legal term, the title will be perfected to begin with the action of seizure of assets.
How to judicially collect an invoice?
In order to judicially collect an invoice , it is first of all required to verify whether or not this invoice was rejected by the debtor through the Internal Revenue Service system within the legal period of eight days. If it is not rejected within the term, Law No. 20,727 on Electronic Invoicing , establishes that it must be understood as irremediably accepted and it is possible to initiate, then, the executive procedure of seizure of goods through Wolfenson's lawyers .
Wolfenson Abogados provides legal advice and legal representation of excellence in judicial and extrajudicial collection procedures.
Links of interest on Legal Advice for Judicial and Extrajudicial Collection :
1.- Civil Code
If you need more information and legal advice regarding the executive trial, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.