Can you start an order for payment procedure (“juicio monitorio”) without a lawyer?

Question

José Manuel Alburquerque · Accepted Answer

Yes. The initial application in the order for payment procedure, the document asking the court to claim the debt, does not need a lawyer or a court agent (“procurador”), whatever the amount. You can file it yourself, with the official form and the documents that prove the debt. But if the debt exceeds 2.000 euros, you will need both later on, whether to apply for attachment if the debtor does not pay or for the court proceedings if they object. That is why it is worth knowing from the outset how far you can go on your own. What you can do on your own The law allows the initial application in the order for payment procedure to be filed without a lawyer or a court agent, even when large amounts are claimed. For it to go well, it is advisable to pay attention to these points: Use the official form, which can be obtained on paper at the court or from the courts' online portal (the “sede judicial electrónica”), or a document of your own with the same details. Identify the debtor properly and give every address you know. If the court cannot locate them, it closes the procedure. Explain where the debt comes from and how much it is. Claim only what the documents prove, because if the judge considers that the amount is not correct, they will propose a lower one. Provide the documents that prove the debt and proof that you first invited the debtor to negotiate, such as the “burofax” (a certified letter with proof of content) you sent them and its acknowledgement of receipt. The law generally requires an attempt to reach an agreement before a claim is brought and in Barcelona, it is a criterion agreed by the court clerks (“letrados de la Administración de Justicia”) that the attempt should be made before starting the order for payment procedure. When a lawyer and a court agent are needed What happens next depends on what the debtor does when the court requires them to pay: If they pay, the court closes the file and nobody else is needed. If they neither pay nor object, the court closes the order for payment procedure and you can apply for enforcement, which is the procedure for attaching their assets. If the debt exceeds 2.000 euros, you must file that application with a lawyer and a court agent. If they object, the matter goes to court proceedings. If more than 2.000 euros is claimed, a lawyer and a court agent are needed in those proceedings and the debtor also needs them to file their objection. Above 15.000 euros, you generally have to file, within one month, a claim in ordinary proceedings (“juicio ordinario”), which always require both. If you go without a lawyer Going it alone saves on fees, but it has its risks. A poorly drafted application can end with the case being closed or with a claim for less than is owed. If the debtor objects, the application and the documents submitted with it form the basis of the court proceedings that follow, so it is advisable to prepare them as if there were going to be litigation. Moreover, in principle, the debtor will not have to reimburse you for what you pay a lawyer or a court agent when they are not compulsory, even if you win. For large debts or debts the debtor may dispute, it is advisable for a lawyer to review at least the application and the documents before they are filed.