The monitorio procedure in spain is regulated in title III, chapter I in articles 812 et seq. of the Civil Procedure Spanish Law.

This type of procedure has been created in order to protect the interests of medium and small professionals and entrepreneurs. It offering fast and effective protection to reclamations of an economic character.

This procedure is initiated by application to the court of first instance of the debtor's domicile. But with a very important difference with respect to the other procedures in our system. That is that this request can be made without the intervention of a solicitor and lawyer.

  But the key of this process is that with the application, it should be provided enouth evidences in order to proof that there is a debt

 The monitorio procedure in Spain period

The court will require the debtor so that, within twenty days, to pay the petitioner, proving payment to the court, or appearing before the court and alleging in a well-founded and motivated manner, in writing of opposition, the reasons for which, in the opinion of the debtor must not, in whole or in part, the amount claimed.

And with the requirement that, in case of not paying or appearing on grounds of refusal to pay, the court will issue a decree terminating the payment process and will transfer the creditor to proceed with the execution. Likewise, if the debtor meets the payment request, the court will also agree to file the proceedings.

If the debtor lodges a statement of opposition in due time:

The case will be finally settled at the appropriate court. In this case, the statement of opposition must be signed by a lawyer and a solicitor if the amount claimed exceeds two thousand euros.

When the amount of the claim does not exceed the amount of the oral trial, the court will issue a decree terminating the order for payment procedure and agreeing to continue the procedure in accordance with the provisions for this type of trial, notifying the plaintiff of the opposition, who may challenge it in writing within ten days. However, when the amount of the claim exceeds that amount, the petitioner must file the corresponding lawsuit within one month of the transfer of the opposition.

In any case, when rents or amounts owed by the tenant due to a rental contract are claimed and the tenant files an opposition, the matter will be definitively resolved through the procedures of a "Verbal trial“, regardless of the amount involved.

Do not hesitate to contact our Law Firm in Marbella if you have any questions about the monitoring process or to advise you on any civil matter. Our expert lawyers in civil and procedural law would be happy to assist you.