How much does it cost to start an order for payment procedure (“proceso monitorio”)?
Filing it may cost nothing, because the initial application in the order for payment procedure does not require a lawyer or a court agent (“procurador”) and individuals do not pay a court fee. Companies claiming more than 2.000 euros generally pay a fee of 100 euros, which comes down to 90 with the discount for filing the application electronically, as they are required to do. If a lawyer or a court agent is hired, their fees have to be added. The cost rises if the debtor does not pay or objects and the debt exceeds 2.000 euros, because from that point on both professionals are needed.
Alburquerque Abogados
What it costs to file
The order for payment procedure is designed for recovering money debts that are documented. When the application is filed, the possible costs are as follows:
- The court fee. Individuals do not pay it. Companies generally pay 100 euros for the order for payment application, with a 10 % discount for filing it electronically, which is how they have to do it. If they claim 2.000 euros or less, they pay nothing.
- The lawyer and the court agent, if you want them. They are not compulsory for this application. The lawyer's fees are freely agreed, so it is advisable to ask the lawyer for a written quote. The court agent's fees follow an official scale.
- Preliminary expenses, such as the “burofax” (a certified letter with proof of content) used to claim the debt and invite the debtor to negotiate. The law generally requires an attempt to reach an agreement before suing.
If the debtor does not pay
If the debtor neither pays nor objects within the twenty working days given by the court, an application can be made for enforcement, which is the procedure for attaching the debtor's assets. If the debt exceeds 2.000 euros, enforcement requires a lawyer and a court agent, so their fees have to be taken into account. While it lasts, the creditor advances the expenses as they arise. They are then charged to the debtor as costs of enforcement, but recovering them depends on the debtor having assets.
If the debtor objects
If the debtor objects, the order for payment procedure turns into court proceedings and the cost depends on the amount claimed:
- Up to 2.000 euros, the “juicio verbal” (the simplified procedure) that follows does not require a lawyer or a court agent either.
- Above 2.000 euros and up to 15.000, the case continues as a “juicio verbal” without a new claim, but with a lawyer and a court agent.
- Above 15.000 euros, a claim in ordinary proceedings (“juicio ordinario”) generally has to be filed within one month, with a lawyer and a court agent. Companies then pay the court fee for ordinary proceedings, which is 300 euros, less what they paid for the order for payment procedure.
In addition, the losing party pays, in principle, the other party's costs, which are mainly the fees of that party's lawyer and court agent. It is a risk worth weighing up before claiming if the debtor could dispute the debt.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.