On many occasions, there are debts of not too high amounts that make the affected party wonder if it is profitable to go to court to claim them. Reaching the judicial route is sometimes a big problem due to the ignorance of the process, the expenses that it entails and the fact of considering whether the amount owed is really worth it to embark on such a process.
Faced with the situation of having to recover a debt without wanting to go to court, there is a civil legal procedure called a payment order process, which is much more agile and less expensive than filing a lawsuit.
The procedure is included in Article 812 of the current Civil Procedure Law, which specifies that it can be used to claim monetary, liquid, determined, due and payable debts of any amount. Likewise, it can only be used for that purpose and not for other types of claims or demands.
This type of procedure is a legal route that simplifies the debt claim process, in addition to speeding it up and reducing costs, since it is only necessary to hold a hearing before the judge in the event that the debtor refuses to accept the debt. and to fulfill its obligations.
One of the main characteristics of payment procedures is that they can be presented by the interested party directly, without having to hire the services of a lawyer or solicitor. However, it should also be taken into account that, if the defendant does not recognize the debt or refuses to pay it, the process will entail a trial in which the assistance of a lawyer will be required, as long as the amount owed exceeds 2,000 euros.
Filing a request to start a payment order process is a relatively simple process. It can be done by the interested party using the official forms approved by the General Council of the Judiciary and that can be found in the Official State Gazette.
Said form must collect in the most precise and detailed way possible the object of the claim, providing all the documentation that is available in this regard to justify it, such as invoices, delivery notes, receipts, etc. At the same time, it is necessary to identify the debtor so that the judicial body can take the appropriate steps to locate him. It is very important to include both your full name and your address and DNI/NIF to speed up the process as much as possible.
The request must be submitted to the Registry of the Judicial Headquarters where the defendant is domiciled and must be signed by the person submitting it or, where appropriate, by their representative, who must provide the due power of attorney justify it. A copy of both the application and the documentation provided must be submitted.
There can be three scenarios: that the debtor pays the debt, that he opposes recognizing it or that he does not express himself neither in favor nor against.
In the first, the resolution is quick and the most beneficial for both parties. If the debtor pays the debt, the order for payment process is considered settled and there is no room to go any further. It is also beneficial for the debtor, since it avoids having to pay higher costs if the matter ends up in court, given the possibility of losing and having to pay court costs.
In the event that the debtor opposes recognizing the debt, he must state the reason for his opposition. In the event that the debt exceeds 2,000 euros, the intervention of a lawyer and solicitor is already necessary to sign the allegation document. The order for payment process would also be completed in this case, giving way to a verbal trial to resolve the problem.
If after the legal deadline to pronounce on the matter, the debtor does not express himself in favor or against, the order for payment process comes to an end through a decree of the Judicial Secretary in which he establishes the amount that can be claimed.
Individuals are exempt from paying fees to present a payment order, as long as the amount owed does not exceed 2,000 euros. If the debt exceeds this amount, it is already necessary to hire the services of a lawyer and solicitor, with which the expenses rise.
On the other hand, legal entities have to pay a fee of 100 euros, in addition to a variable amount that depends on the amount of the claim.
