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Does your client not pay? Proceso monitorio

It is quite normal in the current commercial trade for individuals and professionals to contract with one another by means of documents which are customary in the legal trade, such as invoices, delivery notes or any other documents which prove the credit even if they have been unilaterally created by the creditor when these are normally used to document the sales between the parties.

What to do when you are facing a “proceso monitorio”

It may occur that, after a commercial relationship, the client does not pay the amounts of money which are owed. In order to judicially achieve the payment of these sums in the quickest and cheapest way possible, there is a special procedure named “proceso monitorio”. This procedure is used to claim uncontested and documented pecuniary debts, whichever the amount.

Simply contact Lexland Lawyers, sending us your case and the supporting documentation in order to file the initial petition for the monitory procedure and achieve a prompt payment of the amounts owed to you.

However, if you are in the position of the client who has not paid his debt and you receive a request for payment from the Court, you may also be advised by our experts, since there is a possibility of opposing to this process through an objection filed on time. If you do not object to the initial request, the Court will end the process and this will lead to a decree urging the enforcement of the settlement, ending with the location and seizure of your property.

Currently, this procedure has no limitations concerning the amount, and this change has been determined by the adaptation of the Spanish Code of Civil Procedure to the European regulations. We would also like to inform you of the fact that there is a similar and specific procedure named the European order of payment procedure for uncontested pecuniary claims in cross-border cases. The European Regulation 1896/2006 is applicable to all Member States except Denmark and the international jurisdiction is to be determined by the debtor´s place of residence. Unlike other processes, both the monitory procedure and the European order for payment are known for their speed and efficiency, being a less costly procedure than the ordinary one.

Therefore, if you are either a creditor of an uncontested debt or you have received a claim through a “proceso monitorio”, do not hesitate to contact our experts in Civil Law in order to resolve any query you may have.

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