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La Gaceta — Diario Oficial · 23 Oct 2026 · 2 vistas

Judge orders Ficohsa to replace lost 53 thousand dollar certificate

Por FactBox Admin

Juez ordena a Ficohsa reponer certificado extraviado de 53 mil dólares

The Eighth Oral Civil District Court of Managua decreed the cancellation and replacement of the Fixed-Term Deposit Certificate No. 174PLA010029411, title No. 10961, which was lost, for US$ 53,081.25, and authorized Banco Ficohsa Nicaragua, Sociedad Anónima to pay that amount to William Adrián Pérez Areas. The sentence was issued on August 14, 2026, by Judge Ramón David Real Pérez and is published in La Gaceta, Official Gazette No. 195 on Friday, October 23, 2026, in the Judicial Section, under record 2026-01004 and case number 001613-ORM4-2026-CO. The certification of the ruling was issued by the judicial secretary Ivania Auxiliadora Manzanares Ortega, of the Managua Civil District Processing Office, on September 28, 2026.

The case was processed as a voluntary jurisdiction proceeding, in accordance with articles 787 and 788 of the Civil Procedure Code, and was resolved based on articles 89, 90, and 91 of the General Law of Securities, which allow the holder who has suffered the loss, theft, or destruction of an order instrument to request its cancellation or replacement before the judge of the place where the obligations must be fulfilled. The cause was admitted for processing by order at 8:29 a.m. on April 24, 2026, following the request submitted on March 25, 2026, by Pérez Areas himself, then represented by attorney Jairo José Guzmán García.

A 50 thousand dollar certificate lost before maturity

According to the factual background of the sentence, the original document was issued by Banco Ficohsa Nicaragua, Sociedad Anónima with the following characteristics:

  • Original amount: US$ 50,000.00 (fifty thousand United States dollars).
  • Term: twelve months, from March 18, 2025, to March 18, 2026.
  • Interest rate: 7.25% annually, sum payable on the maturity date upon presentation of the original certificate.
  • Holder: William Adrián Pérez Areas, of legal age, married, publicist, with ID number 001-040579-0054N.

The applicant stated that on March 17, 2026, while preparing to organize the certificate to cash it upon maturity, he noticed that the document had been lost, and he communicated this to the issuing bank on March 19, 2026. The entity informed him that he had to file a request for the cancellation and replacement of the security.

The bank’s report and the single hearing

Banco Ficohsa Nicaragua, Sociedad Anónima responded via a report signed on May 15, 2026, by David Elí Sánchez, the institution’s Head of Logistics, addressed to the court. This document details that Pérez Areas is the holder of certificate of deposit number 174PLA010029411, that the instrument is active, in US dollars, for US$ 53,081.25, and that the institution presented no objection to proceeding with the cancellation and replacement.

The order issued at 10:11 a.m. on June 19, 2026, convened a single hearing for July 28, 2026, in room 30 of the Complejo Judicial Central Managua. On July 27, 2026, lawyer and notary Tania Damaris Guzmán García, with ID 001-221089-0014M and CSJ card No. 20065, appeared requesting legal intervention as the general judicial proxy for the applicant, replacing Jairo José Guzmán García. The hearing took place at 10:20 a.m. on that same July 27, during which the applicant proposed the report from the issuing bank as evidence and requested that the replacement be set at US$ 53,081.25.

What the ruling orders and how long to wait

The ruling, adopted in accordance with articles 89, 90, and 91 of the General Law of Securities and articles 8, 198 to 202, 234, 251, 274, 276, 787, and 788 of the Civil Procedure Code, contains five provisions:

  • The cancellation and replacement of the security consisting of Fixed-Term Deposit Certificate No. 174PLA010029411, title No. 10961, for US$ 53,081.25, belonging to William Adrián Pérez Areas, is decreed.
  • It is ordered that the decree be published three times in the Official Gazette, with intervals of at least seven days between each publication, at the expense and care of the claimant.
  • Banco Ficohsa Nicaragua, Sociedad Anónima is authorized to pay the amount of the certificate once 60 days have elapsed since the last publication, provided that no opposition is made by third parties in the meantime.
  • It is ordered that the resolution be notified to the issuing bank for legal purposes.
  • It is noted that the judgment is final and subject to an appeal before the same court within 10 days counting from the day following its notification.

The published certification states that the notification was carried out on August 20, 2026, with a positive result, by the notifying officer José Manuel Vallecillo Tercero, and that the judgment was registered under number 85, volume I, on the reverse of folio 259 and on the reverse of folio 261 of the court’s copy book.

Why it matters to savers

The resolution establishes a clear path for any saver who loses a bank security: prove ownership with a report from the issuer, obtain judicial cancellation, and wait for the legal publication period before collecting. The precedent is relevant because the issuing bank confirmed the validity of the certificate in writing and presented no objection; thus, the savings are not lost with the misplaced paper, although collection is conditioned upon no third party opposing it during the 60 days following the final publication of the decree in La Gaceta.


Source: La Gaceta, Official Gazette No. 195, Friday, October 23, 2026, Judicial Section, p. 10330 (official reference: Reg. 2026-01004, case 001613-ORM4-2026-CO).