Attempting to collect a pending debt can become an ordeal for the creditor. And more, if you see the obligation to go to court for it. The injunction is a special judicial procedure to claim the payment of monetary debts, whatever their amount, provided that the debts meet the requirements determined by the law itself. It is articulated as an agile, simple procedure without excessive formalities.
In order to initiate a trial, it is not necessary to have a lawyer or attorney and their presence will only be mandatory in two cases:
- If the claimed debt exceeds 2,000 euros and the debtor opposes its payment
- If the debtor does not pay or appear at the trial and must proceed to the judicial execution of the debt
What requirements does the debt have to meet?
Not any type of debt can be claimed via payment, only those that meet the following requirements:
- Money. That is, it must be expressed in money. Therefore, obligations to do (not to do) or to give are not included.
- Expired The term of payment of the debt must have ended at the time of claiming it by means of a trial.
- Required. The payment of the debt should not be subject to any conditions.
- Liquid and determined. It is specified in a specific amount of money.
To prove the existence of the debt and that it meets the aforementioned requirements, any means of proof may be used to prove it (invoices, delivery notes, e-mails, telegrams, letters, faxes, etc.).
How is the monitoring process developed?
The judgment can be divided into two distinct phases:
PHASE 1: The initial petition or claim made by the creditor-plaintiff and does not require, as previously stated, the assistance of a lawyer or attorney.
This document must include the following particulars:
- Claimant Identification
- Identification and domicile of the debtor
- Amount and origin of the debt claimed
The claim is presented, as a rule, before the Court of first instance of the debtor’s domicile.
2nd PHASE: The judicial payment requirement. If the petition meets all the characteristics indicated, the Court will admit it for processing and notify the debtor within 20 business days to pay the debt or give reasons for its default.
Depending on the debtor’s reaction, we can find ourselves in various scenarios:
- That the debtor pays within the period granted for it. In this case, the Court will record the payment and, where appropriate, deliver the money to the plaintiff and proceed to file the procedure.
- That the debtor does not pay or appear before the Court within the indicated period. Once the above is verified, the process is finished and the creditor can proceed to the execution of the corresponding amount of debt through a procedure for the execution of the debtor’s assets.
- That the debtor opposes the demand in writing. In this case, if the claimed debt does not exceed $ 6,000.00, the monitoring process will be terminated, continuing with the proceedings of the verbal trial. When the debt exceeds $ 6,000.00, then the creditor has one month to file a lawsuit.