We use our own cookies and third parties ones to offer our services and collect statistical data. If you continue browsing the internet you accept them. More information

Accept
Back

How to claim a debt quickly?

What is the order for payment procedure?

The order for payment procedure is a judicial procedure created for the claim of debts with no limit of amount. It is presented as an agile, fast, simple and effective instrument that involves high percentages of success in claiming the collection of debts of all kinds.

Its use has been generalized in recent years to the point that it is the procedure most used in the civil field by Forcam Abogados for the recovery of debt. We recommend this type of procedure for claiming the debt quickly and effectively

From the office (https://www.forcamabogados.com/) we consider it to be the ideal procedure for professionals, companies and communities of owners to quickly recover the amount of outstanding debts. It is characterized for being a fast and agile way for the claim of debts of monetary character, since it will only be necessary the celebration of a hearing or appearance before the Judge if the debtor is opposed to the presented claim.

 
What happens if the debtor does not pay voluntarily?

If this is not the case, and the debtor does not voluntarily pay or object within the period granted for this purpose, the procedure ends automatically by means of a resolution that will allow the plaintiff to go directly to forced execution, in which sufficient assets of the defendant may be seized until the claimed debt is paid in full.


Can I claim payment by amicable means?

Of course, our recommendation is that before initiating an order for payment procedure, a prior friendly claim should be instigated, in order to receive the money as soon as possible in an amicable manner, and never close the possibility of finding points in common with the other party.


What are the characteristics of the order for payment procedure?

How the Debt should be: In this type of procedure, a monetary, liquid, due and payable debt is always claimed. That is to say, what is required is money, whose fixed term for its payment has finished and, in addition, it must be accredited with the corresponding documentation. This last point is extremely important to prove the existence of the debt, so it is recommended that the debt is credited with invoices, delivery notes, notarial documents, bank transfer receipts, etc..

What can be claimed: Any amount can be claimed, and there is no limit to the number of claims.

The competent court: The Court of First Instance of the debtor's domicile or residence or of the place where the debtor can be found for the purposes of an order for payment shall be competent to hear the order for payment procedure".


What is the judicial procedure for claiming payment of the debt?

The procedure begins with a previous claim, by means of a burofax to claim the debt through negotiation. This preliminary procedure is a prerequisite for subsequently claiming the debt through the courts.

In the event that the negotiation process does not achieve a satisfactory result, the procedures are followed through the judicial process, which begins with a lawsuit addressed to the Court of First Instance of the debtor's domicile. If the debtor objects, denying the existence of the debt, the procedure is filed and the procedure continues according to the channels of the declaratory procedure depending on the amount claimed. Subsequently, and depending on the amount of the debt, there will be a first oral trial that will serve to present evidence and reach an agreement in a court of law, or it will be directly substantiated in a single trial. There may be agreement between the parties. Otherwise, a sentence will be issued.

 
PRACTICAL EXAMPLE

A company sells material valued at €10,000 to a customer. These materials are credited with different invoices. After 3 months, the company that bought the material does not pay what it owes. It is at this moment when the selling company can file a legal claim, with prior request for payment, which will allow it to speed up the procedures before the court for the collection of the debt quickly and effectively.