If your company or business is facing unpaid debts, the order for payment procedure (juicio monitorio) is the fastest and most effective judicial route to claim monetary debts that are liquid, ascertained, due and payable. At BBM Abogados we are specialists in the recovery of unpaid debts in Santander and Cantabria. We analyse the documentation of your case (invoices, delivery notes or contracts) to activate the claim process swiftly, protecting your financial interests and demanding compliance with the outstanding obligations.
Very often we find ourselves, literally, chasing someone to get them to pay some outstanding debt. However, no matter how many attempts we make, these attempts may prove fruitless. It is then that we must consider the idea of turning to the courts to settle this problem.
At BBMabogados we have the widest experience in the handling, claiming and recovery of debts that are due, so do not hesitate to contact us to start the appropriate proceedings against the defaulting debtor.
What is an order for payment procedure?
Once we have decided to act through the courts, the most natural thing is to want the procedure to flow quickly and simply. Well, these are precisely the characteristics of an order for payment procedure.
It is a judicial procedure intended to demand debts of a monetary nature, without limit on the amount, that are demonstrable, due and payable. It presents itself as an efficient, fast and simple mechanism that has produced good results.
Another aspect that works in its favour is that the existence of the debt can be evidenced by basic documentation, such as invoices, contracts, certifications or formal documents.
Requirements for an order for payment procedure in Santander
Below, we set out and briefly explain the requirements that the debt must meet.
IT MUST BE MONETARY
That is, the credit demanded or owed must be expressed in money. In this way, obligations to do, not to do or to give particular things other than money are excluded from this process.
ASCERTAINED
That is to say, the amount or sum of money owed can be established through a simple mathematical operation.
DEBT THAT IS DUE
Only obligations whose payment deadline has expired will be claimable; in this respect, future debts are excluded.
PAYABLE
There must be no consideration or condition standing in the way of being able to demand fulfilment of the payment.
What amount is required to use an order for payment procedure in Santander?
If this procedure is so fast and simple, you are surely wondering what the maximum limit is on the amount of the debt in order to be able to resort to it. The truth is that the amount is another point in favour of this type of proceedings. In this regard, the law does not set any limit on the amount of the claim in order to proceed with an order for payment procedure.
Nevertheless, additional conditions are set as the amount of the claim increases. Thus, we find that when the claim is for an amount below 2,000 euros, we may act in court without representation by a lawyer. However, we will have to appear with the assistance of a lawyer when the amount owed is a greater sum.
Now, in those cases of an amount below 2,000 euros, although the assistance of a lawyer is not required, having a lawyer’s representation will always be advisable, in order to avoid future adjournments, delays or objections in the process.
The judicial process for the order for payment procedure
Now that we know we can turn to this procedure without major limitations, let us look at the correct way to do so.
Stages of the process
To begin with, we must be clear about which court is competent to hear an order for payment procedure. This will be the Court of First Instance of the debtor’s domicile or of the place where the debtor can be located to pay.
START
It is worth bearing in mind that, since 2025, as a general rule, before filing the initial petition an appropriate means of dispute resolution (MASC) —negotiation, mediation, conciliation, etc.— must be attempted: the order for payment procedure is not exempt from this admissibility requirement, and failing to evidence the prior attempt may lead to the claim being rejected.
The procedure starts through a petition made by the creditor, which must contain the following details as essential requirements: the identity of the debtor, the domiciles of the debtor and creditor or the place where they can be located, the origin and amount of the debt and the document(s) that evidence it.
On this last point, the law allows the debt to be evidenced by documents bearing the debtor’s signature or their stamp, mark or any other sign, regardless of their form or physical medium. The debt can also be documented through invoices, certifications or by any means created by the creditor by which credits are normally demonstrated.
DEMAND FOR PAYMENT
The court will admit the petition and the debtor will be required to fulfil their payment obligation within a period of twenty working days. At this point, several scenarios may arise: the first is that the debtor pays, in which case the proceedings will be closed.
The second case is that the debtor neither pays nor states the reasons for their non-compliance. In this scenario the process is concluded, and the creditor may start enforcement proceedings, through which, by means of the seizure of assets, they may recover the amount owed.
A third scenario is that the debtor objects to the petition, stating in writing the reasons why they do not owe the creditor all or part of what is claimed. In this scenario the judge will close the file of the order for payment procedure and order that a declaratory process, whether ordinary or oral, be followed for the definitive resolution.
Conversion into an ordinary trial
It should be noted that, if the amount claimed is below 15,000 euros and the debtor rejects the debt, an oral trial must be followed. Meanwhile, if the debt is for an amount greater than this, the proceedings will be closed and the creditor will have one month to file the claim in an ordinary trial.
LAWYERS WHO EMPATHISE WITH THEIR CLIENTS IN DIFFICULT TIMES
We protect our clients’ rights with the utmost dedication and diligence, placing particular emphasis on personal attention.
