Its purpose is to achieve the effectiveness of a credit right related to a monetary debt , due , liquid and payable , which is recorded in a document. Its purpose is to warn the debtor of the existence of a monetary claim, which the court poland telegram considers founded and of its consequences if it is not made effective or remains silent. But before reaching this process, if you have problems collecting a debt, you can put yourself in the hands of companies that are responsible for debt collection .
Phases of the monitoring process:
Monitoring process
*The Administration's attorney will require the debtor to pay the petitioner within twenty days, accrediting it before the court, or to appear before the court and allege in a reasoned and motivated manner, in a written opposition, the reasons why, in his opinion, he does not owe, in whole or in part, the amount claimed. (Art. 815.1 LEC)*
The summary trial begins with an initial petition filed by the creditor. It is not necessary to use a solicitor or attorney. Then, if the creditor's petition is accepted, the Administration's attorney will require the debtor to pay the debt or to submit a written opposition within 20 days . If the initial petition is not accepted, an appeal may be filed.
Monitoring processIf the debtor makes the payment, the Administration's lawyer will agree to file the proceedings and the process will end.
The debtor does not appear, that is, he does not object or make payment within 20 days. The Administration's attorney will issue a Decree ending the monitoring process and enforcement will be issued against him. The enforcement procedure is initiated.
The debtor objects. The matter will be resolved in the corresponding trial. The procedure is transformed and becomes an ordinary or verbal declaratory process.
If the amount does not exceed the scope of the oral trial, the creditor will have a period of ten days to challenge the opposition.
If the amount exceeds the verbal amount, we will be dealing with an ordinary process and the plaintiff will have a period of one month to file the claim.
It should be noted that certain matters will follow the procedures of the oral trial regardless of the amount (Art. 818.3 LEC)
Competence
According to article 813 LEC, the Court of First Instance of the debtor's domicile is competent and, if not known, the place where the debtor could be found for the purposes of the Court's request for payment. Except in the case of a debt claim under article 812.2, section 2 LEC, the Court of the place where the property is located will also be competent.
As regards the jurisdiction of the subsequent declaratory judgment, it will always be the judge competent in the summary trial.