Executive procedure of judicial order of payment in the Principality of Andorra
According with Law 16/2006, of October 27 of the executive procedure of judicial order of payment, the expired monetary debts enforceable by amounts not superior to 3.000 euros can be claimed by the executive procedure of the order judicial payment.
We will be based on a practical example of a company that has many debtor clients for some provided services.
In all the procedures described below, we will have to weigh the circumstances of the specific case because a regular customer is not the same as the company that provides the service and may have a specific difficulty of treasury, that a debtor that is taking advantage of the provided services by the company. In this sense, it is in the latter option when the judicial payment order should be activated against the “debtor” client.
A consequence of default is that the creditor who hasn’t been paid on time, has the right to collect their accrued interest, as long as the creditor has also fulfilled its obligations.
The procedure starts in the following way:
1. By means of a judicial request for payment that the creditor must present in court, personally or through a procurator with sufficient power of attorney.
2. The request will be made through one of the pertinent forms.
3. In the process, the intervention of lawyer or attorney it is not mandatory.
4. The petition and documents must be presented before the court, with a copy for the debtor.
5. The documents that must be attached with the petition can be:
• Accepted bills of exchange.
• Debt recognition.
• Delivery notes signed by the recipient.
• Invoices signed by the creditor with pertinent seal, the anagram, the denomination or the commercial name of the establishment or the entity supplying goods and services.
• Bank certifications.
• Community certifications of property owners.
• Professional fees.
• Other usual documents in commercial relations and commercial traffic.
a. duly signed by the creditor.
In this way, once verified that the above requirements are met, the judge of the civil section issues a ruling within a maximum period of eight working days:
1. If the claim request is not accepted, the creditor is notified and the documents attached to the petition are returned.
2. If the petition for a claim is accepted, the debtor is summoned in court and given thirteen working days from the notification to appear before the court.
In case the debtor cannot be located, he is notified by means of an edict published in the BOPA and is given a period of thirty working days from the publication to appear beofre the courts.
After the legal deadlines, the mayor adopts one of the following decisions.
1. If the debtor meets the payment request, the file of the procedure is agreed.
2. If the debtor appears and exposes his opposition to the payment, the creditor must present a claim following the corresponding declaratory procedure based on the claimed amount.
3. In the event that the debtor appears and acknowledges that he is a debtor without proving that he paid the amount, as if he does not expressly oppose the claim, or if he does not appear, a writ of order of the execution for the owed amount will be dictated by the judge.
4. If the debtor exposes his opposition to a part of the claimed amount, a writ of order of the execution for the recognized owed amount will be dictated by the judge.
By Legal Department Augé Legal & Fiscal