Public System to Support Conciliation in Over-Indebtedness | SisPACSE

The Public System to Support Conciliation in Over-Indebtedness (SisPACSE) is a public alternative dispute resolution system that provides debtors, whether natural persons or sole traders, and their creditors with a negotiating opportunity to reach a fair and appropriate solution to their dispute (Agreement), with the support of a specialised professional - the Conciliator.

Joining SisPACSE is voluntary, and the only compulsory moment is the participation in an information session organised by the Conciliator, where all the parties are informed about the objectives to be achieved, the techniques to be used and the legal effectiveness of the agreements between the parties, avoiding thus the resort to the courts.

The unjustified absence of the creditor from the information session will result in an increase in court fees in future legal actions to collect debts, the negotiation of which is requested in SisPACSE.

In addition to SisPACSE, you can use other Over-Indebtedness Support Systems provided by entities recognised by the Ministry of Justice, in order to obtain information, advice and support in drawing up a payment plan.

Who can use it?

Natural persons or sole traders, resident in national territory and who are in default (late payment), imminent default, or definitive non-compliance with pecuniary obligations may resort to SisPACSE.

How much does it cost?

The submission of the request for the intervention of a conciliator, as well as the information sessions, are free of charge for the debtors, the creditors and the guarantors.

Nevertheless, if the parties are interested to proceed to the conciliation phase, the conciliator shall issue a Single Collection Document with instructions for the payment of a one-off fee of 30 euros, which must be borne by the debtor.

The payment of this amount is a compulsory condition to continue to the next phase of the procedure: the conciliation phase, in which an attempt will be made to reach an agreement.

Advantages of the SisPACSE

• Voluntary and without dispute – the procedure is voluntary and uses techniques that promote peace and agreement between the parties;

• Low cost – the information phase is free of charge. Single fee of €30, to be paid by the debtor, in the negotiation phase;

• Speed ​​– the procedure lasts a maximum of 60 days;

• Impartiality of the Conciliator – the SisPACE conciliator is a professional with training recognised by the Ministry of Justice. He plays an active role in seeking a solution to the dispute, maintaining a neutral and impartial position;

• Social pacification – promotes the debtor's financial rebalancing, allowing for a quick and effective resolution of the dispute and consequent social pacification;