Both the rights and the obligations can be demanded or asserted before the courts through different processes, regulated by law, which become the channel or way through which you claim and demand their compliance before the courts.
These processes are regulated in the Law of Civil Procedure. This law does not contain rights and obligations of a material nature, as if the Civil Code does. But only all kinds of procedures and channels to bring to court your request for compliance with a right or requirement of an obligation.
One of these channels is the order for payment process.
What is intended with the Monitor Process?
This type of route has the purpose of claiming a debt or amount.
The debt must be documented through a proof principle, which consists of an accounting or economic document.
This type of judicial procedure is simple, very useful for companies, freelancers, communities of owners, etc.
It allows a claim of a recognized debt in an easy and fast way.
Documentary requirements of the payment procedure:
The documents that must accompany a request for payment order are such as invoices, delivery notes, contracts, budgets, checks, telegrams, emails or any other type of document that serves to justify a debt, including a document of any type where the debtor signs or acknowledges the existence of the debt.
In what types of debts can a Payment Procedure be used?
The Payment Procedure can only be used to claim the payment of a debt that is:
- Monetary. The credit right must be expressed in money.
- Liquid. It means that it is specified and established in an amount of money.
- Overdue. Your payment term has ended.
- Demandable. That is not subject to any condition or consideration.
The amount of the debt is irrelevant.
Stages of the payment procedure
1. Initial request for a payment proceeding
The order for payment process begins with an initial request for payment before the court.
You have to indicate:
- the identity of the debtor
- the origin of the debt
- attach the documents on which the claim is based.
2. Possible conduct of the debtor
The debtor will have a period of 20 days to pay the claimant, object or do nothing:
- Do nothing. In this case, a judgment will be issued recognizing the debt, seizing the debtor directly to settle the payment.
- Pay: If the debtor pays the total amount claimed, within 20 days, the process will be over without additional legal costs for the debtor.
- Oppose: In this case, the process will be transformed into a regular judicial process.
3. Opposition to the payment process
The notice of opposition must be signed by a lawyer and attorney.
It will not be enough to formulate a vague, empty or simply opposition to the claim, but you will have to explain the reasons why you object.
Otherwise, that is, if it is limited simply to object without indicating the reasons on which the opposition is based, it will not be admitted and the debt will be recognized judicially.
4. Differences between verbal process and ordinary process
• If the amount of the debt is less than 6,000 euros, or the matter must go through the verbal trial, in case of opposition: the process will be transformed into an oral process where the claimant will have to challenge the debtor's opposition.
o After the challenge, the judge will decide to hold a hearing or trial, if necessary, and after it is held, the sentence will be handed down.
• On the other hand, if the amount of the debt is more than 6,000 euros, or the matter must be resolved through the ordinary trial, in case of opposition: the process will become an ordinary process, the order for payment process will be completed and the The creditor will have 1 month to file a claim as a matter of course.
o If after those 30 days the lawsuit is not filed, the debtor will be released from all debt related to that claim and will be entitled to collect the costs of the process.
o On the other hand, if the claim is filed within the term, the debtor will have 20 days to answer the claim and, after that, the process will continue its course, carrying out the corresponding trials to finish issuing the corresponding sentence.
5. Impossibility of alleging reasons other than those indicated in the notice of opposition
One of the main characteristics of the order for payment trial is that the reasons that the debtor does not indicate in his opposition brief, will no longer be able to claim them during the rest of the procedure, so the debtor's line of defense is reduced to the reasons for opposition indicated. in the submitted document.
If you want to claim your debtor, call us.