What is a judgment trial?
The order for payment is a type of trial that is used to legally claim the collection of monetary debts of any amount, when the debt is determined, liquidated, due and payable.
In order to start a payment process, the debt to be claimed must be documented (delivery note, invoice, etc.).
Next, we explain the requirements that the debt must meet to use this type of judgment:
The debt must be a liquid, monetary, precise, due and payable debt.
- Liquid debt: it is specified in a sum of money or that its determination depends on a simple or mere arithmetic operation.
- Monetary debt: the credit right claimed must be expressed in legal tender, national or foreign, for which the obligations to do, as well as the obligations to give certain things, are excluded from the payment order process.
- Overdue debt, is one whose payment term has ended, that is, it has expired. Therefore, it cannot be used for debts that are not yet due.
- Demandable debt: it is that which does not depend on consideration, nor is it subject to any condition.
What is a monitoring procedure like?
The monitoring procedure has the following stages:
I. Petition:
The order for payment will begin with a request (writ of demand) made by the creditor of the debt in which they will be expressed:
- The identity of the debtor.
- The domicile/s of the creditor and the debtor.
- The origin and amount of the debt.
- The document or documents proving the debt must be attached.
For the presentation of the initial request for the order for payment procedure, the intervention of your lawyer and the solicitor is required.
If once you have filed the payment request the debtor is not at the address that has been recorded, you as a creditor can request the court to find out his address.
II. Payment requirement:
Once the request for monitoring is admitted, the lawyer of the administration of justice will ask the debtor to pay the debt within twenty business days. Three things can happen at this point:
A. That the debtor pays when requested by the court; Once the payment of the debt is justified, the procedure will be filed.
B. That the debtor does not pay within the twenty-day period granted, nor does he appear in Court within that period to express the reasons why he does not owe the amount claimed. In either of these two cases, the process will be declared completed and the creditor may initiate the execution of that amount by seizing assets, vehicles, checking accounts, etc.
C. That the debtor opposes the payment request, appearing in court and stating in writing the reasons why he will not pay the amount of the debt.
What requirements are required to start the payment trial?
Article 812 of the Law of Civil Procedure (LEC) explains that to go to a payment trial the debt must be:
- monetary debt
- liquid debt
- determined debt
- expired debt
- payable debt
But adding to the previous characteristics of the debt, it must be justified through one of the following ways:
1. By means of documents, which are signed by the debtor with his stamp, imprint or mark or with any other sign, physical or electronic.
2. Through invoices, delivery notes, certifications or any other document that, even unilaterally created by the creditor, is one of those that usually justify credits and debts in relationships of the kind that appear to exist between creditor and debtor.
3. When, together with the document that certifies the debt, commercial documents are provided that prove a previous lasting relationship.
4.- When the debt is demonstrated through certifications of non-payment of amounts owed for common expenses of communities of urban property owners.
Competent court for payment order
The competent court will be the court of first instance of the debtor's domicile or the place where the debtor can be found for the purpose of requesting payment.
Special case: For cases of non-payment of amounts due for common expenses of the Owners' Associations, the Community may choose, at the time of initiating the payment order, between the Court of the domicile or residence of the debtor, or that of the place where the Find the farm belonging to the Community.
What happens after the debtor opposes the order for payment?
If the debtor submits a written opposition within the term, the matter will be definitively resolved in the corresponding trial.
The notice of opposition must be signed by a lawyer and attorney.
When the amount of the debt claimed does not exceed that of the verbal trial (up to 6,000 euros), the court clerk will terminate the order for payment process and agree to the processing of the verbal trial.
When the amount of the claim exceeds 6,000 euros, once the order for payment process has ended, the plaintiff must file a new lawsuit within a period of one month from the service of the debtor's notice of opposition; If the claim is not filed within that period, the proceedings will be filed and the creditor will be ordered to pay the costs.
Can you claim the rent owed to the tenant using a payment order?
Yes, the rents or amounts owed by the tenant of the urban property can be claimed through a payment order process. And if opposition is formulated, the matter will be resolved definitively by the formalities of the oral trial, whatever its amount.
If your debtors are playing Swedish, call us to claim your money.
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