Law

What is the monitoring process?

A payment order is a quick and simple trial that one can resort to when seeking payment of a monetary debt. In recent years this type of trial has been widely used. So we are going to see in detail what the monitoring process is.

When can you go to a monitoring process

The purpose of this monitoring process is limited to claims of an economic nature,  so the demands cannot be extended to other obligations, such as the demand for a vehicle or the completion of a service.

To go to the monitoring trial  it is necessary to prove that the debt demanded really exists . We can do this through documents of all types that can be presented on a physical or electronic medium and where the debtor’s signature or seal appears. We can also present invoices, certifications, delivery notes, faxes or communications between both the complainant and the debtor.

How to request a monitoring trial

To submit the request for the monitoring process,  there are forms approved by the General Council of the Judiciary that are published in the BOE or in the Deanships and Registration and Distribution Services that we can locate in each judicial headquarters. Said request will have to be signed by the complainant  and will be accompanied by a copy of the documents that support their complaint.

Once the documents have been presented and accepted for processing in the court, the court will ask the debtor to pay the money owed within twenty days or oppose it.

At this point, several situations may arise  depending on what the defendant does:

That the debtor settles his obligation , so the process would come to an end and be archived.

That the debtor objects based on some arguments,  so a declaratory procedure would have to be resorted to and the assistance of a lawyer and a solicitor would be needed.

That the debtor decides not to pay or provide explanations  and/or justifications for his decision, which would result in an execution order being issued against him.

As you can see, the order payment process  is useful to quickly resolve certain claims of an economic nature.

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