The Monitorio Procedure: get the payment of a debt in a simpler way if you are an SME or self-employed.
If you have an SME or you are self-employed, this article may be of interest to you, and very much so, because it can solve quite a few problems. And we are referring to the problems that, unfortunately, SMEs and freelancers suffer the most nowadays, such as non-payment of invoices for services rendered or goods delivered.
DERECHO CIVIL
In this article we are going to talk about the payment order process (Monitorio Procedure), which is a fast and agile way to claim unpaid invoices.
First of all, as to who can use this type of "special" procedure, we must say that it can be used by anyone who claims from another the payment of a monetary debt of any amount, and that this is liquid, determined, due and payable.
It is important to emphasize that debts of any amount can be claimed because, even if the debt is very high, as long as the above requirements and those mentioned below are met, it is possible to resort to the payment order procedure.
The other requirements that the law demands is that the debt that is claimed must be accredited in the following ways:
- By means of documents, whatever their form and kind or the physical support in which they are found, which appear signed by the debtor or with his seal, stamp or mark or with any other sign, physical or electronic;
- By means of invoices, delivery notes, certifications, telegrams, telefaxes or any other documents that, even unilaterally created by the creditor, are those that usually document the credits and debts in relations of the type that appears to exist between creditor and debtor.
As for the advantages of this procedure, it is that it is a faster process than if we go to an ordinary or verbal judicial procedure, and this because once the lawsuit is filed, the Court will transfer it to the debtor to whom it is claimed and this one, in the term of 20 days, must pronounce itself in one of these senses:
- Paying the claimed debt, in which case he must prove it before the Court or;
- Appearing before the Court alleging in a founded and motivated way the reasons for which, to its understanding, it does not owe, in all or in part, the claimed amount.
In this last case, if the debtor opposes within the term, the matter will be definitively resolved in the corresponding trial. But there is still one last possibility, and that is that the debtor does not opt for any of the two previous options, then, what happens? Well, in this case, if the debtor does not pay and does not appear, the Court will terminate the payment order process, and the creditor will be able to request the execution of the payment of the debt.
That is why the payment order process is a more agile procedure with which to collect debts in a fast and efficient way, eliminating formalities that lengthen the procedure. If you need advice to collect a debt, do not hesitate to contact us without compromise. You can contact us by phone, WhatsApp, Email or schedule an appointment via Zoom.
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