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

Question

José Manuel Alburquerque · Accepted Answer

Twenty working days, which start to run on the day after you were handed the court's demand for payment. Saturdays, Sundays, public holidays, the days from 24 December to 6 January and the month of August do not count, so in practice it is four weeks or more. The written objection can still be filed until three in the afternoon on the working day following the last day of the time limit. If you let the time limit pass without paying or objecting, the creditor will be able to apply for your assets to be attached. How the days are counted Under the “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, the time limit starts to run on the day after the demand is delivered. If it was left with a relative or the caretaker, it runs from that day, not from when you read it. When counting the twenty days, the following non-working days are left out: Saturdays and Sundays. National public holidays, those of Catalonia and local holidays in the town where the court is located. The days from 24 December to 6 January, both inclusive. The whole of August. For example, if you are handed the demand on a Monday at a time of year with no public holidays, the time limit starts on the Tuesday and expires on the Monday four weeks later. If there is a public holiday, the month of August or the Christmas holidays in between, the time limit is extended by as many days as they add up to. The last day The time limit ends at midnight on the twentieth working day. Even so, the law allows the written objection to be filed until three in the afternoon on the following working day. It is not advisable to cut it fine. If more than 2.000 euros is being claimed from you, the objection must be signed by a lawyer and a court agent (“procurador”), the professional who represents you before the court. Both need time to study the matter and prepare the written objection. If you need a lawyer and a court agent and cannot afford them, apply for legal aid (“asistencia jurídica gratuita”) at the Bar Association (“Colegio de Abogados”) as soon as you receive the demand and inform the court within the time limit, asking for the time limit to be suspended. The application does not in itself stop the time limit, but the court can suspend it until the application is decided or a court-appointed lawyer and court agent are assigned to you. Negotiating with the creditor does not stop the time limit either, unless the court suspends the proceedings at the request of both parties. Once the time limit has passed without payment or objection, the court brings the order for payment procedure to an end and, in principle, you will no longer be able to dispute the debt.