You have 20 days to prevent the debt from becoming final
The Monitorio is the quickest procedure in Spanish justice for recovering debts. Its danger lies in silence: if you do not object, you are deemed to accept the debt.
Your worries are urgent and real:
Time is Running Out You have 20 working days. Once they're gone, there's no going back.
Discrepancy with the Debt: They are claiming an amount from you that is incorrect, that you have already paid, or that includes interest or charges that you did not agree to.
Diverse Origin It could be an invoice from a supplier who didn't provide the service, a miscalculated community charge, or a loan between individuals.
Fear of Embargo You know that the next step after 20 days is the seizure of wages and accounts.
The key is not to pay immediately, but to analyse if the debt is liquid, due, and enforceable, and if the quantity is correct.
Oppose and paralyse the execution
The law allows you to defend yourself. File a plea/statement of defence opposition Within the time limit, it halts immediate execution and obliges the claimant (the creditor) to prove the reality of the debt in a declaratory trial (summary or ordinary).
we help you to oppose to the claim, alleging substantive grounds (the debt does not exist, it has already been paid, it has expired, the service was defective, overclaim) or formal grounds, to protect your assets.
| Consequence | Do nothing (Silence) | Present a Defence |
|---|---|---|
| The Procedure | The judge closes the case and issues a dismissal order. The creditor is automatically awarded in their favour. | The monitorio procedure transforms into a Verbal or Ordinary Trial. There is debate and defence. |
| Execution | The creditor requests immediate execution (seizure). | The seizure is suspended until a final judgment is issued after the trial. |
| The Debt | It becomes a «legal truth». You have to pay it all plus costs. | It's being disputed. You can get it cancelled, reduced (removed), or prove that you don't owe it. |
| Costs | You pay the debt + interest + enforcement costs. | The possibility of the creditor paying the costs if their claim is dismissed. |
Don't let an unfair or incorrect claim turn into a default judgment because you didn't respond in time. You have the right to have a judge hear your side of the story.
Why trust FA Solicitors for your civil defence
In a payment order procedure, procedural strategy is vital. We don't just check if you owe the money, but also if the creditor has met the legal requirements to claim it through this expedited route.
Directed by Antonio Fernández Álvarez and Elena Pulido, lawyers with expertise in Civil Procedural Law.
Specialists in Opposition to Summary Proceedings of any kind (Community, commercial, rental, banking).
Defence against claims of Residents' Associations (challenging meetings, incorrect calculation of fees).
Defence against claims of suppliers or companies (prescribed invoices, services not rendered).
Strategy for force the negotiation: by opposing, the creditor knows they will have to go to court, which facilitates favourable out-of-court settlements.
Urgent analysis of the notification to avoid missing the 20-day deadline.
Our process (Urgent response required within 48 hours)
The clock doesn't stop. Our method is agile to guarantee your right to a defence:
Receipt of the claim: You are sending us the court notification and any documents you have (invoices, contracts, proof of payment).
Feasibility analysis We are studying whether the debt is correct, if it has expired (lapsed), or if there are abusive clauses or calculation errors (overcharging).
Writing of the opposition: We prepare the reasoned legal document, denying the debt in whole or in part and providing the necessary evidence.
Presentation and follow-up: We will present the opposition in court within 20 days. We will defend you in the subsequent summary or ordinary trial if the creditor decides to proceed.
Case studies (Opposition to Civil and Commercial Monitoring Orders)
Case 1: Community of Owners Claim
Problem. Client receives a notification from their Community claiming €4,000 for unpaid fees and levies.
Solution We objected on the grounds that the levies were approved at a meeting that the owner had not been properly notified of, and that the debt had been incorrectly calculated.
Result: The case proceeded to ordinary trial. The judge dismissed a large part of the debt due to a formal default in the summons. The client paid only the actual ordinary instalments (€1,200).
Case 2: Monitoring between companies (supplier)
Problem. A construction company was claiming €15,000 from our client (a refurbishment contractor) for allegedly delivered materials.
Solution Objection to the payment order alleging «exception of unfulfilled contract». We demonstrate that a large part of the material arrived defective and could not be used.
Result: At the subsequent oral hearing, it was established that the delivery was defective. The debt was reduced by 70%, in line with the actual usable quantity.
