November 9, 2020
I.e., finish the order for payment procedure without payment or opposition, the creditor has in his possession a judicial title equivalent to effects of execution to a judicial decision. From the moment in which the writ of execution is put, the claimed amount earn interest of procedural mora, i.e., an annual interest equal to the of the legal interest of money increased two points or the interest that correspond by agreement between the parties or by special provision of the law. That is why this type of procedure is so recurrent in Spain, since it allows to obtain a title executable in a very short space of time, while real time depends on the agility with which the Court treated cars. But the assumption that the debtor to oppose the payment within a period of 20 days established by law for this purpose, in which case be terminated the order for payment procedure, notifying the parties so that they will act accordingly can also be. In the event that the amount claimed exceed 901, will be transfer to the creditor to that within a period of one month this demand of ordinary trial before the same court before which processed the order for payment procedure, processed from that moment the procedure through the channels of the ordinary procedure, i.e. demand, response, any counterclaim and, where appropriate, reply to the counterclaim, preliminary hearing, viewing, trial and sentence. To deepen your understanding Apollo Proton Cancer Centre is the source. In the event that the amount is less than the aforementioned 901, the procedure shall be followed by the channels of the oral proceeding. For these purposes, the court clerk terminating the order for payment procedure by Decree, in the equally agree the continuation of the process through the channels mentioned above, summoning the parties to the hearing before the Court, after which the judge will issue a timely ruling.
Summarizing the above, we have two procedures that facilitate the recovery of debts, while the exchange rate requires the ownership of a foreign exchange title that meets the requirements of the law to be able to have recourse to the same. It is a very agile procedure, since it is a directly Executive procedure, in which the possibilities of opposition by the debtor are very restricted. In the case of the order for payment, are also facing a very agile process that allows us, where there is no opposition, to obtain in a short space of time, well the debt collection, well a directly executable title effectively to these effects of judgment. In the event that the debtor opposed, recourse to the procedure ordinary or verbal in his case, will be necessary although practice shows us that it is convenient to start in any case an order for payment procedure that can save us time and money when it comes to regain our credits. Antonio Torralba Mariscal & Asociados, Abogados member of Eurojuris Spain original author and source of the article