There is a judicial process to claim debts:
The monitoring procedure for non-payment of invoices.
This is a quick judicial process to claim financial debts, it is quick because there is no need to hold a trial. The monitoring procedure is the most widespread judicial process in recent years, among other things because it has a short duration (an average of 8 months).
To begin the procedure, the following requirements must be met:
*It must be liquid.
*Determined.
*It must be expired.
*It must be payable (the debtor must be obliged to pay it).
*And also, there is no amount limit.
The quickest thing would be for the client to pay voluntarily, although the most common approach to this procedure would be for him to object. In this case, the assistance of a lawyer would be mandatory (if the amount exceeds €2.000) since it is a declaratory procedure and I would have to make a claim for the debt.
If the deadline has expired and the client has not paid or objected, it implies that the client agrees with the debt claimed. The judicial secretary will act to collect the debt, carrying out, if necessary, the seizure of assets.
This procedure is subject to a court fee of €100 plus a variable fee if you are a legal entity, unless the debt claimed does not exceed €2.000 then no fees would have to be paid.
Once submitted, the court secretary is in charge of evaluating its admission. In the event that the Judicial Secretary rejects the request, a judge will be in charge of evaluating it.
The claim phase can last, since the request must be delivered in person to the debtor and in some cases he has another address and it is difficult to notify him. Once the claim is submitted, the client would have 30 days to act.
