The order for payment procedure is regulated in articles 812 to 818 of the Civil Procedure Law (LEC). It is an agile and efficient judicial procedure that allows to obtain an enforceable title quickly, especially useful in the context of commercial traffic and debt claims.
Its purpose is twofold: to facilitate the collection of economic debts without the need for a full declaratory judgment and to reduce the cost of access to justice in the case of small claims. If the procedure ends without opposition, the creditor obtains a directly enforceable title.
How is the order for payment procedure initiated?
Documentation required to file the claim
To initiate an order for payment proceeding, the creditor must file an initial petition accompanied by documents evidencing the debt, as provided for in Article 812 LEC. Several forms of documentation are admitted:
a) Documents signed by the debtor
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Service contractsOrder forms
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Signed budgets
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Electronic or digital contracts
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Documents with debtor’s stamp, mark or signature
b) Documents customary in commercial transactions
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Invoices
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Delivery notes
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Certifications
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Telegrams
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Fax or other documents issued unilaterally by the creditor
Even pro forma invoices can be admitted as the beginning of documentary evidence.
c) Documents evidencing a long-standing business relationship
When there is no specific document of the debt, its origin can be accredited by means of:
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E-mail exchange
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Order forms
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Previous budgets
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Other evidence of a continuing contractual relationship
d) Certifications of non-payment of homeowners’ associations
In the case of unpaid common expenses in homeowners’ associations, a certificate of non-payment issued by the secretary of the association with the approval of the president will suffice.
Although the LEC is relatively flexible with the documentation, the admissibility will depend on the court’s discretion. criteria of the court. The more objective evidence you provide, the more guarantees that the claim will be admitted.
Notification of the payment order to the debtor
Once the claim has been admitted for processing, the court will serve the debtor with a demand for payment. This procedure is more demanding than in other civil proceedings, since the default of the debtor may result in the direct issuance of an enforceable title.
Frequent reporting difficulties
One of the peculiarities of the payment order process is the need to locate and personally notify the debtor. So much so that:
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If the address indicated by the creditor is erroneous or if the debtor cannot be located, a domiciliary inquiry may be carried out.
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If this also fails, the proceeding is archived, although the creditor may:
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Try again when you know a new address.
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To resort to the declaratory judgment (verbal or ordinary), where edictal notification is possible.
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The Supreme Court, in an order dated January 5, 2010, endorsed this practice, stating that the filing of the order for payment proceeding for lack of localization does not affect the territorial jurisdiction if it was correctly established according to the information in the complaint.
What happens if the debtor opposes the order for payment process?
In the same request, the debtor is informed of three options:
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Paying the debt (settlement).
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To oppose the claim, by means of a reasoned written statement.
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Failure to appear, which allows the creditor to directly request the enforcement order.
Processing in case of opposition
According to article 818.2 LEC, the procedure to be followed will depend on the amount claimed:
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Up to €6,000: the proceeding continues as a verbal trial. The Counsel for the Administration of Justice issues a decree of transformation.
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More than €6,000: the filing of an ordinary lawsuit is required within 1 month. If not filed, the case is archived and costs are imposed on the plaintiff.
How is a debt enforced through an order for payment process?
If the debtor does not respond to the summons within the legal term (20 days), the creditor may request the execution by simply filing a simple writ, without the need for an additional executive demand.
This title has the same value as a final judgment for purposes of seizure and execution of assets.
Law to combat late payment in commercial transactions
A legal tool complementary to the payment order process is Law 3/2004, as amended by Law 11/2013, which reinforces the protection of creditors in commercial relations between companies (only B2B) and introduces certain provisions to protect creditors, with measures that seek to penalize unjustified delays as well as the non-payment of small invoices.
Higher interest on late payment
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The interest for late payment in these cases is the rate applied by the ECB + 8 percentage points.
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It applies automatically, unless otherwise agreed.
Automatic dunning fees
These provisions discourage the systematic non-payment of small debts by establishing legal minimums as dunning costs.
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A legal minimum of €40 is established as a fixed charge.
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The creditor may also claim additional duly justified expenses (lawyers, notifications, etc.).
Conclusion
The payment order process is an efficient, economical and fast tool for claiming monetary debts in the civil and commercial sphere. Although it has some practical limitations -such as the need for proper notification-, its use combined with measures such as the Law against late payment strengthens the creditor’s position, especially in the business environment. In the event of non-opposition by the debtor, the times are significantly shortened, compared to other civil proceedings such as verbal or ordinary proceedings, in which the debtor’s silence continues to operate as a tacit opposition, while in the order for payment, the debtor’s silence is practically equivalent to an acquiescence.
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