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Procedimiento monitorio

Payment order procedure

Do you know what an order for payment procedure is? The order for payment procedure is a mechanism for claiming an amount regulated in the Spanish Civil Procedure Act, the aim of which is to provide a simple mechanism that facilitates and speeds up the collection of monetary debts by the creditor.

Through this payment order procedure, any affected person can claim from a debtor the non-payment of an amount owed as long as it is liquid, due, determined and enforceable.

At Letslaw we have extensive experience in this type of procedure and a large number of satisfied clients who have recovered the financial amounts that are legally due to them.

There are two ways to claim a debt: extrajudicial and judicial.

Our lawyers are specialists in these types of procedures, including the labour order for payment procedure, and will help you to implement this claim. In the first place, out of court, trying to reach an agreement with the debtor so that he/she pays the debt.

Our scope of action includes advising our clients so that they can solve their problems while reducing the time and money invested as much as possible.

To do so, we will send a reliable communication, generally by means of a burofax or registered letter, to the debtor on behalf of the creditor to request payment within a specific period of time. This communication will be essential in the event that, at a later date, legal action must be taken.

In the event that the debtor does not comply with the creditor’s out-of-court requirements, Letslaw will recommend that the last resort is to go to court.

In this way, the corresponding lawsuit must be filed in order to claim the amount of money owed. Once the claim has been admitted for processing, if the debtor opposes it, the judge will agree to terminate the payment order procedure and the declaratory procedure will begin, which may be carried out by means of an oral or ordinary procedure depending on the amount claimed.

In this regard, at Letslaw we have a team of professionals who are experts in all the phases and instances that may take place before the courts of justice in our country during an order for payment procedure.

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