-THE PROPERTY MANAGER'S BLOG-
Procedure for claiming debts from the community of owners
Procedure for claiming debts from the community of owners
This is the procedure for claiming debts from the community of owners
In order to claim debts from the community of owners we have to make use of the Payment Procedure.
The payment order procedure is the quickest and most agile way of making civil claims for amounts. It is used to demand the payment of liquid, determined, due and payable debts.
After filing the application with the court, the debtor will receive an order for payment to which he can object or obey. It will only be necessary to go to court if the debtor objects to paying the amount claimed.
Otherwise, execution may be requested, whereby the defendant’s assets are seized to be applied to the payment of the debt.
The order for payment procedure is a special procedure provided for in the Code of Civil Procedure to claim monetary debts of any amount which are liquid, determined, due and payable and which are stated in documents signed by the debtor or in invoices, delivery notes, certificates, etc. which, even if they have been created by the creditor, are those which usually document claims and debts in the relationship between debtor and creditor.
The peculiarity of the procedure is that no lawyer or solicitor is required for the initial request and that the court issues an order for payment to the debtor which, if it is not complied with or opposed, determines that enforcement is to be carried out against the debtor (articles 812 and ff of the LEC).
In the area of the communities of owners, The Horizontal Property Law says that this procedure can be used to claim community debts provided that a certification (issued by the secretary and with the approval of the president) of the agreement of the general meeting approving the settlement of the debt is provided and that such agreement has been duly notified to the affected owners.
Thus, the order for payment procedure can only be initiated to claim payment of a debt:
- Money.
- Liquid.
- Determined.
- Expired.
- Required.
The amount of the debt is irrelevant.
In short, the payment order procedure is the second best way of claiming money debts, liquid, determined, due and payable to the community of owners.
The best procedure for claiming a debt is to talk to both the president of your community and the administrator of the community and reach a cordial agreement. This will save you a lot of headaches, money and time.
