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Summons in Civil Law

ADCO Law

Summons is

A summons is a legal remedy that can simply be understood as an event in which a party entitled to receive the performance (the creditor) warns another party who is obligated to give or deliver the performance (the debtor) to immediately fulfill the previously agreed performance, which if not carried out, the debtor can be considered to be in default. In principle, a summons is a warning letter, which is generally regulated in several provisions in the Indonesian Civil Code.

 

Basically, there are no fixed regulations regarding the preparation of summons, so the procedure and structure of the writing may vary depending on who prepares it. However, in general, summons usually contains the following aspects:

  • Chronology and legal facts;
  • The amount of debt that must be paid by the debtor;
  • Promises to pay debts that have not been paid;
  • Requests to pay debts as obligations of the debtor; 
  • At the end of the summons is stated the deadline for fulfilling obligations and the creditor’s further plans if the debtor does not respond to the summons and/or does not pay off the debt according to the time period given by the creditor in the summons (for example: will proceed to criminal or civil legal action).

 

In certain circumstances, Article 1243 of the Indonesian Civil Code stipulates that a claim for default of an agreement can only be made if the debtor has been warned that he/she has neglected his/her obligations, but then the debtor continues to neglect it. 

 

In addition, in general there are no regulations regarding the number of times a summons must be submitted unless otherwise stipulated in an agreement.

 

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Disclaimer: This article has been prepared for scientific reading and marketing purposes only from ADCO Law. Accordingly, all the writings contained herein do not constitute the formal legal opinion of ADCO Law. Therefore, ADCO Law should be held harmless of and/or cannot be held responsible for anything performed by entities who use this writing outside the purposes of ADCO Law.