Now a days that technology is taking over the most common day-to-day activities, including the way in which people and companies enter contracts, constitute obligations, and the way they pay and collect their credits, there is a need to modernize document recognition processes and electronic signatures, as well as the collection processes, both extrajudicial and judicial.
There is a very simple way to capture the consent of the parties in any document, through an electronic signature, which has become very common, so much that it is most efficient and practical to accept or acknowledge a debt through credit titles with electronic signature such as the promissory note with electronic signature; But, at the time of a breach, is there any difficulty in collecting a promissory note with an electronic signature in court?
The electronic signature is regulated in Guatemala, in the Law for the recognition of electronic communications and signatures, which is applicable to all types of electronic communication, transaction or legal act, public or private, national, or international, except in cases expressly indicated by the law; same that gives the electronic signature equal legal value as the handwritten signature, and it will be admissible as evidence in court.
The only requirements for a legal signature to be recognized and have all the legal effects granted by the Law is to be certified by an authorized entity that provides certification services and for the device to be secure to guaranty a legal signature.
Then, the electronic signature, having the same legal value as the handwritten signature, does not have any difficulty when being consigned in a promissory note that must be collected by legal means, and the courts of justice must recognize said electronic signature with the same legal effects as a handwritten signature.
The courts of justice also, in search of the implementation of new forms of execution of justice and on the way to modernization, have implemented criteria regarding the judicial collection of those credit titles, updating and training their officials, seeking to avoid difficulties in the admission of judicial procedures that seek the judicial collection of these.