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Exp. 8853-24

Service Report

The Judicial Communications Office documents two failed attempts to serve Villamorey, S.A. at the offices of its resident agent Galindo, Arias & López, whose staff disclaimed knowledge of the company.

Issued on
Jul 16 2024
Issued by
Judicial Communications Office
Pages
11

The Judicial Communications Office reports two failed attempts to personally serve Villamorey, S.A. with the damages claim filed by Lisa, S.A., admitted by , in . On July 10 and July 16, 2024, judicial notifiers visited the offices of Galindo, Arias & López, Villamorey's registered agent, where secretary Maricel Oballes stated the cited party was unknown. The report attaches a Panama Public Registry certification confirming that Galindo, Arias & López has been Villamorey's registered agent since inception, highlighting the inconsistency between the registered address and the denial of knowledge. This report became the basis for the Court's directing service by edict on the defendants.

Analysis

Service Attempts

The notifications sought to serve Villamorey, S.A. and Juan Luis Bosch Gutiérrez with , which admitted Lisa, S.A.'s damages claim, after the Court had granted them three days to appear voluntarily through on July 9, 2024. Both attempts failed at the defendants' own registered address.

First attempt (July 10, 2024, 9:23 a.m.). The judicial notifier appeared at the offices of Galindo, Arias & López, 11th Floor of the Scotia Plaza building on Avenida Federico Boyd, the registered address of Villamorey's resident agent. Secretary Maricel Oballes stated that the cited party was unknown at that address.

Second attempt (July 16, 2024, 9:46 a.m.). The notifier returned to the same address. Lcda. Maricel Oballes again stated that she did not know the cited party.

A second notification form records a service attempt for Juan Luis Bosch Gutiérrez at the same address (Avenida Federico Boyd, Scotia Plaza, Floor 11, Office 11), though the specific details of that attempt were not fully captured in the document.

Public Registry Evidence

The report incorporates a Panama Public Registry certification (pages 3 through 11) for Villamorey, S.A. (Mercantile Folio No. 9146), a corporation registered since July 6, 1971. This certification confirms that Galindo, Arias & López has served as Villamorey's resident agent since incorporation, and that Juan Luis Bosch Gutiérrez holds a general power of attorney granted by the company since February 23, 1984.

The corporate history reveals that Bosch has held executive positions at Villamorey continuously since 1984, including vice president (1984), treasurer (1987), and president (1990, 1999, 2010, 2011, 2016). The records also show that Villamorey has an authorized capital of $5,000,000.00 divided into 50,000 registered shares. That the staff of Villamorey's own resident agent firm disclaimed any knowledge of the company is inconsistent with a registry history spanning over fifty years in which the firm has acted uninterruptedly as its representative.

Procedural Consequence

The inability to effect personal service triggered the procedure established in Article 1017 of Panama's Judicial Code. On September 16, 2024, the Court issued directing service by edict on Villamorey and Bosch, allowing the proceeding to advance despite the defendants' lack of cooperation.

Documents

9
DocumentDate
Apr 12 2024
May 8 2024
Jul 9 2024
Jul 16 2024
Sep 16 2024
Sep 16 2024
Dec 3 2024
Dec 6 2024
Dec 12 2024