How do you object to an order for payment procedure (“proceso monitorio”)?

Question

José Manuel Alburquerque · Accepted Answer

By filing a written objection with the court that demanded payment from you, within the twenty working days, explaining with your reasons why you do not owe the amount claimed from you, in whole or in part. If more than 2.000 euros is claimed from you, the written objection must be signed by a lawyer and a court agent (“procurador”). If it is 2.000 euros or less, you can file it yourself. The objection brings the order for payment procedure to an end and, if the creditor pursues the matter, the debt is contested in court proceedings. What the written objection must say It is not enough to say that you disagree. The “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, requires you to explain in a substantiated and reasoned way, that is, with specific reasons, why, in your view, you do not owe the amount claimed, in whole or in part. The written objection identifies the proceedings by the number shown on the demand and sets out the grounds, which may be, for example, the following: That you have already paid, in full or in part. That the debt does not exist or that the amount has been miscalculated, for example because it includes interest or expenses that were not agreed. That the service or the work you are being charged for was not carried out or was carried out defectively. That the debt is time-barred, that is, that the time limit allowed by law for claiming it has passed. That the contract contains unfair terms, if you signed it as a consumer. The judge already reviews the contract before demanding payment from you, but you can raise any terms you consider unfair. Attach the documents that prove it, such as proof of payment, emails, messages or photographs. If the case continues as a “juicio verbal” (the simplified procedure), the written objection serves as your defence and any documents you do not submit with it may not be admitted later. If you accept that you owe part of the amount, say so clearly. The creditor will be able to ask for you to be ordered to pay that part straight away and the proceedings will continue only for the rest. Who signs it and where it is filed If more than 2.000 euros is claimed from you, the written objection must be signed by a lawyer and a court agent, the professional who represents the parties before the courts. If it is 2.000 euros or less, you can sign and file it yourself. In both cases, it is filed with the court that sent you the demand, which is now the section of the first-instance court (“tribunal de instancia”) that deals with civil matters. If you have a lawyer and a court agent, the court agent files it electronically. If you are acting on your own, you can file it on paper at the courts' registry or electronically, as you prefer, although a company must always do so electronically. Keep the stamped copy or the receipt showing the filing date. If you need a lawyer and cannot afford one, apply for legal aid (“asistencia jurídica gratuita”) as soon as possible and inform the court within the time limit, asking for the time limit to be suspended, because the application alone does not stop it. Before objecting Objecting without serious grounds only delays payment and makes it more expensive. If you lose the case, you will have to pay the debt with interest and, in principle, also the costs, which are mainly the fees of the other side's lawyer and court agent. If what you need is to pay in instalments, objecting is not the answer. What helps is proposing an agreement to the creditor.