Judicial and extrajudicial debt collection and personal costs: A proposal for systematization in consumer law
Published 2025-08-29
Keywords
- Legal costs,
- judicial collection,
- extrajudicial collection,
- collection costs
How to Cite
Copyright (c) 2025 Pro Jure Revista de Derecho - Pontificia Universidad Católica de Valparaíso
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Abstract
This work aims to determine the existing boundaries between the extrajudicial collection of monetary debts and the judicial collection of these. To this end, it will be defended that both types of collection constitute successive stages and do not overlap temporally. Afterwards, the relevance of this distinction for the regime of legal costs will be analyzed. Specifically, it will be examined whether such costs can be conventionally agreed upon and in what cases the regulation of Law 19,496, which imposes limits on the costs of extrajudicial collection, is applicable to them.