Extrajudicial Pre-Executive Process

Extrajudicial Pre-Executive Procedure

PEPEX

 

The PEPEX, short for Extra-Judicial Procedure Pre-Executive, can be defined in a few words, as a tool that allows the creditor (individual or collective, which holds an enforcement order, which satisfies the conditions for application of summary format process for the payment of certain amount, under Article 550 of Civil Procedure Code) to evaluate quickly and economically, which the real possibility of recovering its credit or certify their uncollectability.

 

You can enter the procedure at www.pepex.mj.pt.

 

The debt must be certain, due and net, and it is mandatory that creditor and debtor have Portuguese tax number.

It is a dematerialized procedure, faster, cheaper, and can even be said, more pragmatic, but do not forget the importance of personal contact.

Except for the notice of the debtor, which is held by personal contact, the entire procedure is dematerialized:

  • In the presentation of the initial request;
  • In the notification of the creditor;
  • In the creditor will, throughout all the process.

 

Also, the conduct of the external notification diligence made by the enforcement agent is realized through mobile computing platform and even the collection of autographed signature can be obtained on the electronic equipment, so, in part, also this act It is dematerialized.

 

The distribution of PEPEX is performed in an automatically and equitably way, taking into account the geographical coordinates of the debtor.

First, the platform seeks enforcement agents who are located within a radius of 15 km. In the absence of enforcement agents within that radius, the search is extended to a distance of 30 Km and, if also are not found, the search area back being extended. If there is more than one enforcement agent in the area, it is chosen one who received the last process longer.

 

In among others, the enforcement agent who voluntarily register as adherent to PEPEX, must:

  • Examine the initial request and the enforcement order; 
  • Reject the initial request, if so;
  • Investigation for addresses, goods and credits; 
  • Prepare the report;
  • Notify the debtor;
  • Finally, notify the creditor of the result of the notification and, if so, certificate of uncollectible credit for tax recovery.

It takes about 45 days to reach this last point, or less, in case of payment.