The National Court of Justice solved that building guards and administrators must mandatorily cooperate with the delivery of judicial summonses. This measure seeks to overcome the barriers faced by process servers in gated communities and properties subject to horizontal property regimes.
According to the resolution approved on February 27, if there is an impediment to personally delivering notices, process servers may post them on access doors, common areas, or security sites. For this, it must be verified that the defendant habitually resides at the indicated location.
The provision clarifies article 55 of the General Organic Code of Processes, which already contemplated indirect summons when the recipient is not found. However, the increasing cases of evasion or blocking of process servers made a more precise regulation necessary.
