When the collection of a debt is pending and the extrajudicial claims have been exhausted or not, it is best to go to court through an order for payment process, due to its flexibility, ease and results. Below are all the details of the legal order for payment process, as well as everything related to the demand for payment judgment.
Legal order for payment process: What does it consist of?
The order for payment procedure is a procedure provided so that amounts of any value can be claimed, provided that the debt is accredited by means of documents.
Its main feature is speed,since it usually achieves very good results shortly after its presentation.
The objective of the order for payment process is to fight against delinquency in commercial operations. It is very useful for small and medium-sized entrepreneurs, also for those entrepreneurs who need to have a fast, simple and flexible mechanism for the collection of their credits.
This is a novel procedure, since it can be urged to comply with an economic debt by means of a procedure lacking the usual legal forms. Because of this, making it effective is much simpler.
Anyone who wants the payment of a monetary debt, overdue and enforceable of any amount, may submit such a process.
Demand for Order for Payment Process
In order for the judicial bodies to admit the initial application for processing, it is necessary that a principle of proof be presented that proves the relationship between both parties.
Specifically, the LEC (European Community Legislation) indicates that the debt must be credited in one of the following ways:
- By means of documents that appear signed or with their seal, printing or mark by the debtor, regardless of the form and class or physical support in which they are located.
- By means of invoices, delivery notes, certifications, telegrams,telefax or any other type of proof that demonstrates the credits between creditor and debtor.
- When the debt is credited by means of certifications of non-payment of amounts due in concept of common expenses of communities of owners of urban real estate.
- At the moment in which, with the document in which the debt is reflected, commercial vouchers are attached that justify or imply a previous commercial relationship.
Procedure to Follow for the Order for Payment Judgment
The order for payment process is very flexible.
It begins through a request from the plaintiff where the data of the claimant, data of the claimant and an explanation of the origin of the debt must be recorded.
The letter must be accompanied by a document that justifies the debt incurred.
Once the request for an order for payment judgment has been filed and the documentation submitted has been verified, the judge will require the debtor to pay the debt within 20 days; the debtor may pay, oppose or allow that time to pass without opposing or paying.
What will happen in each case?
- If you pay,the process ends positively at this point.
- If you do not pay and object,the claim for order for payment will continue for the corresponding civil procedures according to the amount to be owed. It will be a verbal judgment if it does not exceed 3,000 euros, it will be an ordinary trial if it exceeds that amount.
- If you do not pay and do not object, the debtor will be given the period of up to 5 years to proceed with the seizure of sufficient assets of the debtor to settle the debt. The advantage that the case can lead to execution and seizure of assets is that, in most cases, in addition to recovering the outstanding amount, interest and management expenses can also be included.
Need for a lawyer and solicitor?
As commercial advisors,we inform you that in the order for payment process the presence of a lawyer and solicitor is not necessary to present the initial application,since it can be autographed by the interested party or plaintiff himself.
In case of refusal of the debtor, the assistance of a lawyer and solicitor in the subsequent order for payment trial will be mandatory if the amount claimed exceeds 2,000 euros.
If the debtor does not pay voluntarily, the presence of a lawyer and solicitor is required in the possible forced sanction, as long as the debt is greater than 2,000 euros.
The order for payment procedure for claims of debts below 2,000 euros is exempt from court fees. For those cases that exceed these 2,000 euros, the court fee is set at 100 euros.
Another situation is the compensation of the fee in the phase of opposition to the demand; if the debtor objects, this fee is offset for an oral or ordinary order for payment judgment.
As you can see, the order for payment process is the most effective, flexible, fast and even economical tool to make those debtors cancel in one way or another the credits they have with a company.
It is very simple, although if you need legal advice to start the procedure, do not hesitate to contact Ayce Laborytax.