42991 updates completed on 09/03/2010
JUDICIAL INFORMATION AND ACTIVITIES
SCHEDULE OF HEARINGS

The hearings schedule includes all times and dates on which the Court meets. During the hearings, the Court is informed of new cases and claims filed by the parties, tries the action and listens to those involved in the case (prosecutor, claimants and defendants and attorneys). The decisions or judgments may be handed down at the first hearing or at a later date.

 

CASE INQUIRY

Search for cases to view details (case name, docket number, representatives of the parties, date of next hearing), history, order judgment if case has been decided (or court order if one has been rendered for a summary procedure).

 

COURT ORDER TO PAY

This procedure can help you receive fast payment of sums owed to you by a debtor who is a merchant or by a company. A court order to pay can be used regardless of the claim amount. To initiate this procedure, the contractual claim must be certain, liquid and payable (for example, unpaid invoice for a sale, service, rent, etc.). It must therefore be for a specific amount and supported by documents. The application for a court order to pay must be addressed to the Registry of the Commercial Court in the place of jurisdiction in which your debtor is registered with the RCS in order for it to be presented to the Presiding Judge of the Court.

 

PROBLEM PREVENTION FOR BUSINESSES

This refers to problem prevention procedures aimed at seeking an agreement with the company's creditors (banks, suppliers, etc.) through confidential negotiations conducted by a third party, such as an ad hoc representative or a mediator appointed by the Presiding Judge of the Commercial Court, who defines their mission. The role of the ad hoc representative is to assist company managers in finding solutions to ensure the company's continued existence and to help the debtor and its creditors reach an agreement. Within the framework of an amicable settlement procedure, the role of the mediator is to find the solutions needed to support the company's operation and encourage an agreement between the debtor and its creditors (extensions and discounts). An amicable settlement agreement must be approved by the Presiding Judge of the Commercial Court.

 

DECLARATION OF SUSPENSION OF PAYMENTS

This concerns companies which cannot pay their current debts with their available assets. A company in this position must file a declaration of suspension of payments with the Registry of the Commercial Court of its head office. This declaration must be filed within 45 days of the date of suspension of payments in order to initiate court-supervised recovery or liquidation by order of Court proceedings. These proceedings apply to all commercial enterprises, small businesses, agricultural enterprises and private corporations.