When do you use the order for payment procedure (“proceso monitorio”) and when the “juicio verbal” (the simplified procedure)?

Question

José Manuel Alburquerque · Accepted Answer

The order for payment procedure can only be used to claim money debts for an exact sum that are already due and are documented, whatever the amount. The “juicio verbal” is a full court procedure for claiming up to 15.000 euros, even if there are no documents or the amount has yet to be determined. It is also used for certain specific matters, whatever their value. If the debt is well documented and the debtor is not expected to dispute it, the order for payment procedure is usually quicker and cheaper. If the debtor is going to object with serious arguments or it is not known where they live, it is usually better to go straight to the “juicio verbal”. What each one is for The order for payment procedure is designed for recovering money debts without a trial when the debtor has no grounds for objecting. The court requires the debtor to pay or object within twenty working days. If the debtor does neither, the creditor can apply for attachment without the need for a trial. It can only be used for money debts for an exact sum that are due and payable and are set out in documents such as a contract, invoices or a signed acknowledgement of debt. The “juicio verbal” starts with a claim, to which the defendant replies in writing. If necessary, a hearing is held, which is the court session before the judge. It ends with a judgment. It is used for claims of up to 15.000 euros and for certain specific matters, such as eviction, whatever their value. Above 15.000 euros, a money claim generally goes through ordinary proceedings (“juicio ordinario”). When the order for payment procedure is advisable It is advisable when the debt is clear and well documented and the debtor is most likely not paying through lack of money or of willingness, not because they have good reasons. Its advantages are as follows: The application does not require a lawyer or a court agent (“procurador”), whatever the amount. In the “juicio verbal”, you can only proceed without them up to 2.000 euros. If the debtor neither pays nor objects, the creditor can apply for attachment without a trial and without waiting for a judgment. A debtor who wishes to object has to explain their reasons in writing, with a lawyer and a court agent if the debt exceeds 2.000 euros. This tends to discourage groundless objections. If the debtor objects and the debt does not exceed 15.000 euros, the case continues as a “juicio verbal” without a new claim having to be filed. When the “juicio verbal” is advisable There are cases where the order for payment procedure cannot be used or is not advisable and it is better to go straight to court proceedings, which will be the “juicio verbal” if up to 15.000 euros is claimed: When the debt is not documented or the amount has not been fixed, for example damage that has to be assessed. When something other than money is sought, such as the delivery of an item. When no address for the debtor is known. In the order for payment procedure, payment cannot be demanded by notice by publication (“edictos”), the announcements published when someone cannot be found, except for service charge debts. If the debtor is not located, the order for payment procedure ends. In the “juicio verbal”, by contrast, the debtor can be notified of the claim by notice by publication and the proceedings continue even if the debtor does not appear. When it is known that the debtor will object with serious arguments. The order for payment procedure would only add a step before the court proceedings. In both cases, the law generally requires an attempt to reach an agreement before suing. As regards the order for payment procedure, the courts disagree, but in Barcelona, it is a criterion agreed by the court clerks (“letrados de la Administración de Justicia”) that the attempt is made before the application is filed. That is why the prudent course is always to make the attempt, whichever route is chosen.