In El Salvador the executive process is the one through which a creditor (the plaintiff) seeks to obtain the forced payment of an overdue debt from a debtor (the defendant). The debt must be evidenced in an executory title, which is a document that proves the existence of a liquid and enforceable debt. Examples of executory titles are: a bill of exchange, a promissory note, a court judgment or authenticated public or private documents where a debt is acknowledged.

The executive process is faster and more direct than the common or ordinary process, since it is used when the debtor does not comply voluntarily with its obligations. This implies that the right to request enforcement has a specific content: the judge in charge, without the need to previously summon or hear the debtor, must order the performance of the executive actions established by law.

Once the term to comply with the payment of the obligation by the debtor has expired and the debtor has not complied with the obligation, the creditor has the right to file the claim before the competent judge, which may be the judge of the special domicile established in the executory title or, in the absence of designation, the judge of the domicile of the defendant. For this, it is necessary that the creditor has the enforceable title, Once the claim is admitted, in order to prevent the debtor from seizing assets, a seizure of assets, whether movable or immovable, is ordered; and it is only after the seizure that the judge orders the notification of the debtor, who must appear within the established term to present his defenses. The debtor has the opportunity to oppose the claim and present its arguments to demonstrate the payment of the claimed obligation or that there is some irregularity in the process. If the debtor does not oppose or if the opposition is unsuccessful, the judge will proceed to issue a judgment. The period to reach this point can be up to 2 years.

After the judgment, in the absence of voluntary compliance, the creditor has the right to initiate the final phase of the process in which the collection is sought either through an auction or public auction of the seized assets or the adjudication of the seized assets. The time period during this stage varies according to the type of seized assets, so it can range from 6 months -after the execution is admitted- to years to obtain the fulfillment of the obligation.

The executive process must follow certain deadlines and procedures to guarantee the rights of both the creditor and the debtor. It is important to emphasize that the judicial process may vary according to the particular circumstances of each case and that it is advisable to have the advice of a lawyer specialized in civil and procedural law in El Salvador to carry out an executive process in an adequate manner.