Spanish procedimiento monitorio
The high cost of lawsuits via ordinary proceedings due to the complexity to obtain and issue supporting documents with regards to the debts, and the obligation for the parties to be represented by lawyers are responsible for the fact that the possibility to initiate a legal contentious proceeding against the debtor is declined in cases of minor debts and unlikely solvency. In some cases, the creditors have to renounce to the output VAT refund, even when the remaining requirements of article 80 of the VAT Act in force are met, except for bringing legal actions against the debtor.
The inclusion of the order for payment procedure to the Act 1/2000 on Civil Procedure has simplified to a large extent the requirements for the lawsuit, and it has also abolished the compulsory legal representation of the parties in the proceedings.
The simplicity, the rapidity and the efficiency of this new proceeding, together with its low cost, make its use advisable even for minor debts and unlikely solvency, and also in order to avoid the statute-barred of old debts.
In Lawyers in Spain, the order for payment procedure is a common proceeding, another tool for debt collection management that gives us the last chance to recover the debt by means of a claim for payment issued by Courts.
The only requirement is to provide us with a contract as a basis for the lawsuit. If necessary, we will carry out the payout of deferral interests accrued to the date of the claim and we will also issue the updated debt certificates.
Our lawyers will personally submit the initial petition (“papeleta inicial de solicitud de procedimiento monitorio”) for the order for payment procedure with the proxy of their clients.
Persistency and extra-judicial pressure over the defendant are still important for this type of services until the claim for payment is obtained from the Courts.
Once the debtor is summoned, whether he/she opposes the suit or ignores it – the latter entitles the Court to adjudicate – the client decides whether to continue to prosecute the debtor with the relevant judicial proceeding.