The Monitorio Procedure: A Quick Solution for Debt Claims in Spain

Introduction

Imagine you have an outstanding debt that you haven’t been able to collect. You’ve tried contacting the debtor, sent reminders, and still haven’t received your money. Fortunately, in Spain, there is a quick and effective judicial procedure for these situations: the “procedimiento monitorio” or monitorio procedure. In this article, we’ll explain what it is, who can use it, and when it applies.

What is the Monitorio Procedure?

The monitorio procedure is a special judicial process designed to claim debts quickly and easily. Its main advantage is the simplicity of the procedure and the speed with which you can obtain a favorable resolution, without the need to start a regular judicial process.

Who Can File a Monitorio Procedure?

This procedure is available to any individual or entity that has a liquid, determined, due, and payable debt. This includes:

  • Individuals: If you lent money to a friend or family member and haven’t been repaid.
  • Companies: To claim unpaid invoices from clients.
  • Merchants and Self-Employed: If a client hasn’t paid for products or services already delivered.

When Can It Be Used?

The monitorio procedure is suitable for claims of debts that meet the following requirements:

  1. Liquid and Determined Debt: The amount must be clearly specified and undisputed.
  2. Due Debt: The payment deadline must have expired.
  3. Payable Debt: The debt must not be subject to conditions or future terms.

Common examples of situations where the monitorio procedure can be used include:

  • Unpaid invoices for services or products.
  • Documented loans between individuals.
  • Unpaid rental fees.

Step-by-Step Procedure

  1. Filing the Claim: The creditor files a written claim at the court corresponding to the debtor’s domicile. A lawyer or solicitor is not required for amounts under €2,000.
  2. Documentation: Documentation proving the debt, such as invoices, contracts, or any other document showing the existence of the debt, must be attached.
  3. Payment Request: The court notifies the debtor, giving them 20 working days to pay the debt or file an opposition.
  4. Debtor’s Response:
    • Payment: If the debtor pays, the process ends.
    • Inaction: If the debtor neither pays nor files an opposition, the judge issues a decree allowing forced execution of the debt.
    • Opposition: If the debtor files an opposition, the case may proceed to an ordinary trial.

Advantages of the Monitorio Procedure

  • Speed: It is faster than a regular judicial process.
  • Simplicity: The procedure is straightforward and does not require a lawyer or solicitor for small amounts.
  • Effectiveness: It allows for an executable resolution in a short time if the debtor does not oppose.

Conclusion

The monitorio procedure is an effective tool for debt recovery in Spain. Its simplicity and speed make it an ideal option for individuals and companies needing to recover outstanding money. At [Your Law Firm Name], we have extensive experience in managing monitorio procedures. If you need advice or want to initiate a monitorio procedure, do not hesitate to contact us. We are here to help you recover what you are owed!

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