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Spanish payment order procedure (monitorio) explained

General information only, not legal advice.

Step by step

You file a petition describing the debt and attaching documents. If admitted, the court orders payment within twenty working days. The debtor can pay, oppose with brief reasons, or stay silent.

If the debtor does nothing

The creditor can ask for enforcement straight away, without a new claim, and the court can seize assets.

If the debtor opposes

The payment order ends and the case continues as ordinary or verbal proceedings depending on the amount, with a threshold of 15,000 euros for the verbal procedure.

Do you need a lawyer?

Not to file the petition. A lawyer and a court representative (procurador) are generally required to oppose or to enforce when the amount exceeds 2,000 euros.

Legal basis. Arts. 23, 31, 539, 812 to 818 LEC

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