We explain to you either how to claim a debt or credit in Spain or contest a claim against you through a process called MONITORIO.
ADVANTAGES OF MONITORIO PROCESS:
- Quick system
- No limit to value of claim
- Low costs
- Ease of enforcement
CHARACTERISTICS OF THE RECOVERABLE DEBT
- It must be in monetary form (debts up to € 250,000.00)
- It must be a precise amount
- It must be a liquid asset
- The deadline for payment must have expired
- It must be recoverable in any proportion
WHAT DOCUMENTATION IS REQUIRED?
- It is necessary to provide enough evidence and documentation in order to prove that there is a money debt:
- We need to prove the relation between parties and origin of the debt with documentation (i.e.: contract)
- We need to prove the amount of debt with documentation (such us invoices, certifications, bills, confirmations orders, etc).
- It is important that these documents are somehow signed by the debtor and not unilaterally produced by the creditor.
HOW THE PROCESS STARTS?
Although it is not mandatory, we recommend you to try to solve the conflict by sending a formal requirement which is known as Burofax.
The Burofax has to be submitted at the Spanish post office and it certifies not only the dispatch, but also the content.
Once the debtor has not voluntary paid after the deadline, the creditor can start Monitorio Procedure at Court:
Creditor must file a written plea before the corresponding trial court submitting all evidences at that time.
The Judicial Agent of the Court will review the claim and the filed documentation and, if appropriate, the court will send an order for payment to the debtor.The following scenarios are possible:
- The defendant pays voluntary.
Debtor has 20 days’ deadline to satisfy the due amount upon receiving the order of the Court. Failure of payment is the end of the procedure. The court will order then the closing of the file.
- The defendant contests the claim.
If debtor objects to pay within 20 days. The defendant must reply in writing outlining why they oppose the claim and providing relevant documentary evidence.
In these circumstance, the creditor could file another similar lawsuit within the ordinary procedure before the same Court. There are two different scenarios:
- Verbal Trial:
For disputes up to the value of €6,000.00.
The Judge will arrange a Hearing where parts will dispute the debt.
After the Hearing, the Judge will give his judgement.
- Ordinary Trial:
If the amount exceeds €6,000.00.
The debtor will have 1 month to submit a Lawsuit and the process will follow as the Ordinary Trial.
- The defendant does not respond.
If the defendant does not reply the claim, the claim will be accepted and will pass to the Execution process.
REUTERS SOLICITORS can help you with the Monitorio procedure. If you need advice in relation to either claiming money in Spain or contesting to a claim against you, do not hesitate to contact us.
REUTERS SOLICITORS represents clients who have difficulty paying their mortgage in relation to their property in Spain.
If you have a mortgage in Spain and are struggling to meet the monthly payments, please contact us.
Reuters Solicitors has experience in helping international clients with mortgage difficulties in Spain.
WEB PAGE https://www.reuterssolicitors.com/
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