The payment procedure is a legal procedure which stands as its ultimate goal the payment of financial debts to creditors, regardless the amount to be claimed. It also applies in cases where a certain amount is to be claimed to property owners who may have issues relating unpaid fees or common owners’ expenses.
The biggest advantage of this procedure is the speed with which you can always resolve the conflict in the event the debtor acknowledges the existence of the debt.
The debt must meet certain characteristics to be considered appropriate for this procedure, since if not met, it would be necessary to resort to a verbal hearing. As mentioned before, the amount of the debt can be of any value, but must be liquid, concrete, due and payable.
In addition, in order to claim an amount, it is utterly necessary to provide the appropriate documents to prove the existence of the debt. These documents may be in any form of physical media. The documentation provided may be some kind of archive where the debtor appears, invoices, delivery notes or other certifications.
The procedure can be started without a lawyer and / or solicitor taking part in the issue if the amount to be claimed is less than € 2000, becoming mandatory if this quantity is exceeded.
The initial request is to be made by an official form, which should include, first, the identity of the debtor and his home details, as well as the creditor’s. It is also recommended to indicate a phone number and an email address in order to facilitate notifications to both parties. The form must also indicate the origin and amount of debt, and finally, the documents regarding the proval of the existence of such debt, which in case of being private, shall be delivered in original format.
Upon issuance of this form, the official shall ensure that all requirements are met to initiate the payment procedure. If positive, we will proceed to notify the debtor, requiring payment of the entire debt within 20 days, or failing that, the presentation of a statement of opposition, arguing the reasons why he/she considers that he/she should not pay this doubt, or a part of it.
In the event that the debtor does not want to pay, for quantities exceeding 6.000€ shall an ordinary trial be carried out; while for debts under that amount and claims in relation to urban properties, it is possible to raise an oral proceeding. If a claim is not submitted, the proceeding will be considered ended and the creditor will be the one made to pay for the costs incurred to the debtor.
In the event you have to claim an amount to a debtor, contact the attorneys in DAEMI ZABALZA & ASSOCIATES, who are specialized in the field and have an extensive experience in the sector, and may advise you to proceed in the manner that best suits your situation.