Non-Payment Claim

Non-Payment Claim

Actions for non-payment of bills, checks, promissory notes…

The exchange judgment will begin by means of a concise demand to which the exchange title will be attached.

The court will analyze, by means of an order, the formal correction of the exchange title and, if it finds it in accordance, it will adopt, without further formality, the following measures:

  • Require the debtor to pay within ten days.
  • Order the immediate preventive seizure of the debtor’s assets for the amount that appears in the executive title, plus another for interest on late payment, expenses, and costs, in case the payment requirement is not met.

Whoever claims payment of a monetary debt, due and payable, of a determined amount that does not exceed 250,000 euros from another, may resort to the order for payment process, when the debt of that amount is accredited in any of the following ways:

  • Through documents, whatever their form and class or the physical support in which they are found, that appear signed by the debtor or with his seal, imprint, or mark or with any other signal, physical or electronic, coming from the debtor.
  • Through invoices, delivery notes, certifications, telegrams, telefaxes or any other documents that, even unilaterally created by the creditor, are one of those that usually document credits and debts in relationships of the kind that appear to exist between creditor and debtor.

Claim of Debts and Defaults

Classes of declarative processes

Any judicial dispute between parties that does not have another procedure indicated by the Law, will be ventilated, and decided in the corresponding declaratory process.

They belong to the class of declarative processes:

  • The ordinary trial.
  • Verbal judgment.
  • The rules for determining the class of trial by reason of the amount will only be applied in the absence of a rule by reason of the matter.

Expert lawyers in Civil Defense

The amount in civil proceedings will be set according to the economic interest of the claim, which will be calculated in accordance with the following rules:

If a certain amount of money is claimed, the amount of the demand will be represented by said amount, and if the determination is missing, even in a relative way, the demand will be considered of indeterminate amount.

When the object of the process is the sentence of giving movable or immovable property, regardless of whether the claim is based on real or personal rights, it will be the value of the same at the time of filing the claim, according to current prices in the market or in the contracting of goods of the same class. For this calculation, the plaintiff may use any official appraisals of the litigious assets, if it is not possible to determine the value by other means, without being able to attribute to the real estate a lower value than that stated in the cadaster.

Claim for non-payment of rents.

The verbal trial will begin with a concise demand, in which the data and circumstances of identification of the actor and the defendant and the address or addresses where they can be summoned will be recorded, and what is requested will be clearly and precisely established.

In verbal trials in which an amount not exceeding 2,000 euros is claimed, the plaintiff may formulate his claim by filling in some standardized forms that, for this purpose, will be at his disposal in the corresponding court.

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