Guides · CONCORDIA LEGAL
Spanish payment-order proceedings: when a monitorio may help
A monitorio can be used for certain documented debts. It does not guarantee recovery and is not suitable for every contractual disagreement.
The type of debt
It concerns a specific sum of money that is due and payable, supported by legally recognised documents. Invoices, delivery notes and debt acknowledgements may be relevant, but their evidential value must be assessed.
Before filing
Reconcile the balance and partial payments, and gather records of work or delivery. Confirm debtor details and address. The lawyer also checks any required pre-action negotiation and evidence of that attempt.
The demand for payment
Once admitted, the debtor is required to pay or oppose within the legal period. If there is no payment or opposition, enforcement may be requested. Ending the payment-order stage does not automatically recover the money.
If the debtor opposes
The dispute may continue through the appropriate ordinary civil procedure. Grounds, amount and documents affect the work required. The quotation should distinguish the initial application, opposition and later enforcement.
Assessing whether to proceed
A favourable decision is not the same as payment: solvency matters. Compare amount, documents, costs and enforcement prospects. Tell us the debt’s origin and dates so we can assess the suitable route.
General information. The lawyer reviews your case, documents and deadlines before proposing action.