Procedimiento monitoreo en el COGEP, en cuanto a la forma de citación y los plazos para convocar a audiencia única.

Abstract

Background.- In the order for payment procedure that is followed for the collection of a debt, the General Organic Code of Processes does not establish a specific procedure to follow, referring to the opposition of the demand, there is no date indicated in which it should be called to the single audience, which being an independent procedure, must have its own procedure, in order to guarantee the effectiveness, efficiency, speed, procedural economy as a means of carrying out justice. Objective: To reform the execution of the order for payment procedure established in the General Organic Code of Processes, referring to the deadline to call a single hearing and the form of summons to the debtor. Methodology: Design of qualitative research, with an exploratory, descriptive and explanatory scope, of a nonexperimental transversal type. Results: The State with respect to people has the obligation to protect and respond to the enjoyment of all the rights guaranteed in the Constitution and the law, the right to effective protection and due process are guaranteed in our Constitution of the Republic of Ecuador in its articles 75 and 76. One of the aspects that led to the establishment of the order for payment procedure is procedural speed, the beginning of the process for an agile, fast and simple procedure in which a person goes to claim payment of a debt, ignoring the ordinary procedure that was established in the civil procedural legislation, is for this reason the importance of establishing deadlines for the summons to a Single Hearing. In the order for payment procedure of the COGEP, it is not specified what type of summons should be used to notify the debtor with the request for payment, for which it is understood that any means, of the one indicated in the COGEP, can be used personally, through ballots or by a means of communication as determined by the judge of the case according to article 53 of the COGEP. Conclusions: A follow-up analysis of the order for payment procedure was carried out, a process that people can claim the payment of low-sum debts and that do not constitute executive title, guaranteeing procedural speed, allowing access to justice quickly and easily to the claim of the debt, therefore the terms for the call of the unique hearing are regulated, specifying the type of summons to be used to notify the debtor and defendant.