Application of notarial notification in debt collection proceedings

Abstract

The notarial summons in money collection actions in Ecuador is configured as a key mechanism for debt management and access to justice. The purpose of this article is to examine, through a systematic documentary review, the implementation of the notarial subpoena in this type of legal actions in Ecuador. The research was carried out under a mixed approach and was based on a documentary design, complemented by a bibliographic analysis. In addition, a survey was applied to 20 legal professionals, who provided their perspective on the problem addressed. The findings indicate that the summons plays an essential role in the civil judicial process, since it allows the defendant to be notified of the content of the lawsuit, guaranteeing his appearance before the competent judge and the exercise of his right to defense. In conclusion, the Ecuadorian Notarial Law establishes that notaries have the function of effecting notifications, which is crucial to ensure that the parties involved in a litigation are duly informed about the judicial proceedings.