El order for payment procedure It is characterized by being the fastest and most agile way to claim monetary debts. Its use has become very widespread in recent years, to the point of becoming the most used procedure in the civil sphere to demand payment of liquid, determined, due and demandable debts.
What is the monitoring procedure?
To claim a monetary debt in court, you must go through two different processes:
- declarative process. The ruling is limited to verifying and quantifying the existence of a debt.
- executive process. Being at the disposal of the declaratory judgment, as long as the debtor does not pay voluntarily, the executive procedure can be used to determine, by means of a sentence, the seizure of the debtor's assets in a sufficient amount to ensure the collection of proven debts.
El order for payment procedure It allows this process to be shortened, opening the executive route without having to go through the declarative route. To do this, by applying to the court and using invoices, delivery notes, receipts or any other type of document that proves the debt, the applicant must demonstrate its existence.
Once the initial request is admitted, the defendant will have three options:
- Pay the claimed amount.
- Oppose the lawsuit.
- Disobeying the payment requirement. In such case, the debtor will obtain a resolution that will open the executive route without having to go through a declaratory process.
Who can request a monitoring procedure?
According to Article 812 of the Civil Procedure Law, through the order for payment procedure Liquid, determined, due and payable monetary debts of any amount may be claimed:
- Liquid. They can be expressed numerically or contain the elements necessary to obtain the quantity through a simple arithmetic operation.
- Determined. The amount is known precisely.
- Overdue. When the deadline to make the payment has passed.
- Required. The debtor is obliged to make the payment.
Therefore, its purpose is limited to claims of an economic nature, of money, and cannot be extended to other types of obligations, such as, for example, to give (claim the delivery of a good), to do (to have a work completed). or not to do (refrain from some behavior). Nor does it serve in those cases in which the Judge's declaration is necessary from the beginning, such as, for example, in relation to the interpretation of a certain clause of a contract, in which case it will be necessary to resort to the corresponding declaratory process.
Do you need a lawyer and attorney to file an order for payment procedure?
A characteristic of order for payment procedure is that the assistance of a lawyer and attorney is not necessary to present the initial application, which can be signed directly by the interested party. However, it must be taken into account that, in the event of opposition from the defendant, his attendance in the subsequent declaratory trial will be mandatory if the amount of the debt claimed is greater than 2000 euros.
A lawyer and attorney will also be necessary in the subsequent forced execution if the defendant does not pay voluntarily and the debt is greater than 2000 euros.
If you have pending collection of a monetary debt derived from a commercial or contractual relationship, in our law firm in Murcia capital We have a team of professionals with extensive experience and training in claim for unpaid debts. Find out without obligation!
