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Claiming debts: Notarized payment

What is the notarial monitorio?

With the promulgation of Law 15/2015, of 2 July, on Voluntary Jurisdiction, the claiming of money debts of a civil or commercial nature is introduced as an extrajudicial channel, by means of a notarial file called "monitorio notarial". With this new procedure, a new channel will be available to collect existing debts, and from the office www.forcamabogados.com we will help you to achieve it.

Through this notarial order for payment file, the creditor who intends to collect debts, whatever their amount, may request the notary resident in the debtor's domicile to require payment provided that the debt is liquid, determined, due and payable.

 
Does the notary's order for payment allow the claiming of all types of debts?

No, since it cannot be claimed through the notarial order for payment procedure:

The debts owed between the employer and the consumers or end users
Alimony debts 
Complaints involving a public administration.
 

Do you have to send a request for collection?

Yes, the address where the summons will be sent will be the one deduced from the document that accredits the debt, from any other documentation provided or where the debtor could be found.

In order to be able to carry out this requirement and to be able to collect the debts, the debt must be in the opinion of the notary, accredited in a clear way and in case of incorporating other concepts besides the main amount, these must be properly broken down.

If such circumstances exist, the notary will draw up a document in which he will record the identification and domicile details of the parties and those corresponding to the origin, nature and amount of the debt, and will request payment from the debtor to pay what is due within 20 days.


What if the debtor does not receive the order?

For these purposes, a request made to the debtor will be considered valid even if he refuses to take charge of the documentation, and a request made to any employee, relative or person living with the debtor provided he is of age to attempt to collect the debt.

If the debtor is a legal entity, the request made to any member of the administrative body who proves that he has sufficient powers of representation or who acts as a person responsible for receiving notifications and authentic requests in the interest of the business shall be valid.


What cases can arise once the request has been made?

That the debtor appears before the notary and pays the debt within the period granted for this purpose. In this case the payment, that is to say, the collection of debts, will be recorded by means of diligence in the act that will acquire the character of a payment letter. The notary will immediately reimburse the amount paid to the creditor, closing the act and terminating his action.

If the debtor does not pay or does not object to the request duly made, the Notary shall record this fact in the minutes and shall close the proceedings. This certificate will be accompanied by the execution of the deed, which must be sent through the channels established for the execution of extrajudicial titles.

That the debtor required to pay is opposed to the claim. In this case, the notary shall diligently record the opposition and the reasons for it and shall inform the creditor. The deed shall be closed by putting an end to the notary's action, without prejudice to the creditor's right to go to court to enforce his claims.