Legal Literacy - If you, as a creditor, want to file for bankruptcy against your debtor, the question that arises is whether it is necessary to send a summons first before filing for bankruptcy? The answer is yes, it is necessary. See the explanation in the following article.

Definition of Summons

A summons or reprimand is a warning from the creditor to the debtor to fulfill their obligations in accordance with the reprimand for negligence that the creditor has conveyed to them. In it, the creditor expresses their desire that the agreement be implemented within a certain period of time.

Although this term is not known in the Civil Code Civil law (KUHPer), the legal basis for summons is regulated in Article 1238 of the KUHPer. This article states that the debtor is declared in default by a warrant, or by a similar deed, or based on the power of the engagement itself, namely if this engagement results in the debtor being deemed in default with the passage of the specified time.

The Importance of Summons Before Bankruptcy

In practice, even though an engagement has determined a deadline for the implementation of an achievement, the party creditor will still send a letter of reprimand as a sign that the debtor has been warned and/or declared in default in writing.

A summons is required in the event that an engagement does not specify a deadline for the implementation of the achievement, because the declaration of default is substitutive. In this case, a letter of reprimand is needed to make a claim to the authorities to fulfill their obligations immediately or within the time mentioned in the letter.

However, a summons does not only apply to the case above. If the agreement stipulates a certain time for the debtor to perform, this does not mean that by violating that time the debtor has committed a breach of contract. For this, a determination of default is still needed. In this case, a letter of reprimand is also needed as proof of the determination of default.