The court case begins with the notification of the so-called summons The application proposes an the act, the summons The quote invites (“cites”) and the defendant to appear at a hearing fixedThe summons, signed by the defender, is delivered to the bailiff, who notifies, i.e. it delivers (or has delivered, in accordance with the forms laid down, where he makes use of the postal service) a copy of the original to the defendant. Contrary to what is often seen superficially, some of the debtors, the fact that the defendant does not withdraw a judicial notice, which was duly served, while he was absent, and cannot paralyze the action. In other words, once the deed has been duly notified by bailiff to the defendant, in the places and with the forms of law, and since the terms where included, the fact that the defendant has not physically examined the quote is not, except in very exceptional cases, no relevance.
With the summons, the creditor asks the court to issue a judgment in the assessment and sentence, in respect of its debtor.
The question is addressed to the court, both the debtor, who is invited to appear before the Court, at the hearing held to carry out their defenses.