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

Question

José Manuel Alburquerque · Accepted Answer

With a written application to the court for the place where the debtor lives, which can be made on an official form and does not need a lawyer or a court agent (“procurador”). It identifies the debtor, gives any addresses known for them and explains where the debt comes from and how much it is. The documents that prove the debt are submitted with the application, such as a contract, invoices or a signed acknowledgement of debt. Before filing it, the prudent course is to have invited the debtor to negotiate, because the law generally requires an attempt to reach an agreement before a claim is brought. If everything is in order, the court requires the debtor to pay within twenty working days or explain why they do not owe the money. What it is and where it is filed The order for payment procedure is designed for recovering money debts that are recorded in documents. It can be used for any amount. If the debtor neither pays nor objects, the creditor can apply for the attachment of their assets without going through court proceedings. The application is filed with the court for the place where the debtor lives or, if that is not known, for the place where they can be found. Following the 2025 reform, the former courts of first instance have been merged into the first-instance courts (“tribunales de instancia”), so the application goes to the first-instance court for that place, to the section that handles civil matters. An agreement in a contract that it be filed elsewhere is not valid. Owners' associations (“comunidades de propietarios”) can also choose the court for the place where the flat or premises are located. What the application must state You can 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. Whatever the format, the application must include the following details: The identity of the creditor and that of the debtor. The addresses of both or the place where they can be found. For the debtor, it is advisable to give every address known, because if the court cannot locate them, it closes the procedure. The origin of the debt, that is, the sale, service, loan or relationship from which it arises. The exact amount claimed. The documents that prove the debt are submitted with the application. An individual can file it on paper at the court. Companies and other legal entities must do so electronically. No lawyer or court agent is needed for this application, whatever the amount. Before filing it The law generally requires an attempt to reach an agreement before a claim is brought. It does not say expressly whether this applies to the order for payment procedure and the courts disagree. In Barcelona, it is a criterion agreed by the court clerks (“letrados de la Administración de Justicia”), the officials who run the court offices, that the attempt is made before the application is filed. That is why the prudent course is always to make it, following these steps: Write to the debtor setting out the debt, asking for payment and genuinely inviting them to negotiate, for example on a payment plan. Send the letter by a means that leaves a record of what is sent and of the fact that they have received it, such as a “burofax” (a certified letter with proof of content) with acknowledgement of receipt. In Barcelona, it is also a criterion agreed by the court clerks that WhatsApp conversations, phone calls and text messages are not valid to prove the attempt. Proof of sending and receipt is then submitted with the application. Wait for their reply. If they do not reply within thirty days of receiving it, you can then file the application for the order for payment procedure.