By Gustavo Adolfo Gómez Ferré, Barcelona lawyer with a Law degree from the Universitat de Barcelona, member of the Il·lustre Col·legi de l’Advocacia de Barcelona and founder of Bufet Gómez Ferré.
When a client fails to pay what they owe, this question arises: order for payment or ordinary proceedings? Choosing correctly between these two procedures can make the difference between recovering your money within weeks or facing months of litigation with high costs. At BUFET GÓMEZ FERRÉ, we are specialist lawyers in debt recovery and non-payment claims in Barcelona, and in this article we explain the differences between an order for payment and ordinary proceedings, and when each one is most suitable so you can make the best decision for your case.
Order for payment or ordinary proceedings? Quick summary
- Order for payment: ideal for documented, clear and uncontested debts.
- Ordinary proceedings: necessary when there is a contractual dispute or the amount exceeds €15,000.
- Solid documentation: invoices, contracts and delivery notes facilitate a successful order for payment.
- Lawyer required: always in ordinary proceedings; in order for payment only if there is opposition.
What is the order for payment procedure
The order for payment is a fast judicial mechanism designed to claim documented monetary debts. It is regulated under Articles 812 to 818 of the Civil Procedure Act and is one of the most widely used mechanisms for judicial debt recovery in Spain.
To initiate an order for payment procedure to claim unpaid debts, the debt must meet these requirements:
- Liquid: expressible in money.
- Determined: exact amount known.
- Due: claimable at the time of filing the application.
- Enforceable: the debtor has a legal obligation to pay.
It must also be evidenced by: invoices, contracts, delivery notes, WhatsApp messages, emails, accepted quotes, etc. This documentation is the basis on which the court will issue the payment order.
The initial application is filed at the court in the debtor’s place of residence. If the judge admits it, the debtor is given 20 days to pay, oppose or do nothing. The procedure can be initiated without a lawyer or court representative, but if there is opposition it converts into summary or ordinary proceedings depending on the amount, where a lawyer and court representative become mandatory.
Advantages and limitations of the order for payment procedure
Before initiating an order for payment procedure to claim unpaid debts, it is essential to understand its advantages and limitations. The success of the order for payment depends on the debt being well documented and on the debtor’s attitude.
| Aspect | Advantages of the order for payment | Limitations of the order for payment |
|---|---|---|
| Speed | The order for payment procedure can obtain a resolution within a few weeks if the debtor does not oppose. | If the debtor files opposition, the procedure is stayed and converts to summary or ordinary debt proceedings, extending the timeline. |
| Costs | Order for payment costs are low at the outset and do not always require a lawyer or court representative. | If there is opposition, a lawyer and court representative will be required, increasing total costs. |
| Effectiveness for collection | If the debtor neither pays nor opposes, an enforcement order is issued allowing asset seizure to begin. | If the debtor contests the debt, it will be necessary to proceed to ordinary or summary debt claim proceedings to prove it. |
| Ease of initiation | It is enough to provide invoices, contracts or documents evidencing the debt in the claim for payment. | If the documentation is weak or incomplete, the debtor can easily file opposition. |
| Pressure on the debtor | The court order usually prompts voluntary payment without the need for a trial. | It is not effective when the debtor has already decided to litigate or delay payment. |
| Legal strategy | It is a very useful route when the requirements of the order for payment are met and the debt is clear. | It requires prior analysis by a debt recovery lawyer to avoid strategic errors. |
Therefore, before initiating an order for payment, it is advisable for a debt recovery lawyer to assess whether the documentation is solid enough or whether it is preferable to proceed directly to ordinary proceedings.
What are ordinary proceedings in debt recovery
Ordinary proceedings are the most comprehensive judicial procedure for a monetary claim where the amount exceeds €15,000 or the matter is complex and requires extensive evidentiary activity. They are regulated by the Civil Procedure Act and are used when there is a real dispute over the debt, the contract or the breach, as occurs for example in unpaid commercial leases, business premises or industrial units, which require structured judicial proceedings.
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You may also be interested in our article → How to legally claim unpaid rent on business premises
In these proceedings, a lawyer and court representative are mandatory. They begin with a formal claim, providing all documentation supporting the debt: contracts, invoices, communications and reports. The debtor has 20 business days to respond, accept the claim, oppose it or fail to appear.
If there is opposition, a preliminary hearing is held to establish the disputed facts, propose evidence and resolve procedural matters, followed by the trial, where documentary, witness, expert and interrogation evidence is heard before the judgment.
Ordinary proceedings are important in cases of complex debts, contractual disputes or unpaid business-to-business claims, where a single invoice is not enough and it is necessary to prove the breach, the economic damage and the amount claimed.
Differences between ordinary proceedings and summary proceedings in debt claims
Before deciding between summary or ordinary debt proceedings, it is useful to understand how they differ and in which types of claims each is used within judicial debt recovery.
Summary proceedings
- For debts of up to €15,000.
- Faster and simpler procedure.
- Designed for less complex monetary claims.
- More limited evidence.
- If an order for payment faces opposition and the debt is ≤ €6,000, it converts to summary proceedings.
Ordinary proceedings
- For debts of more than €15,000 or complex matters.
- Longer and more structured procedure.
- Used in contractual disputes or contested debts.
- Allows extensive evidence: expert reports, witnesses, interrogations.
- If an order for payment exceeds €15,000, it converts to ordinary proceedings.
When is a lawyer required in summary and ordinary proceedings
The question of when a lawyer is required in an order for payment is fundamental to planning your claim correctly. The involvement of a lawyer and court representative varies depending on the procedure and the amount. As a general guide, these are the most common scenarios in a monetary claim:
When there is a contractual breach by a supplier, as occurs in many business disputes, the appropriate route is usually ordinary proceedings, as we explain in our guide on what to do if a supplier breaches a contract and the legal steps to claim.
As for how much a lawyer charges for an order for payment, the amount varies depending on the claim value, the complexity of the case and whether opposition is filed. At BUFET GÓMEZ FERRÉ, specialist debt recovery lawyers in Barcelona, we work differently: success-based and results-driven fees wherever the viability of the case allows, adapted to the client’s financial situation and the real risk of the proceedings.
This approach reflects our principles of service commitment and minimum cost policy for the client: we assess the documentation, procedural risk and debtor’s solvency in advance to design a legal strategy that maximises your chances of recovery without requiring you to bear disproportionate upfront costs.
Practical case (fictitious example)
This example helps illustrate how such a situation could affect any company facing an unpaid debt:
- Situation
A supplier company, Suministros TecnoFerré SL, supplies electrical materials to a construction company worth €28,000. Six invoices are overdue, signed delivery notes exist along with a supply contract. This is a typical case of an unpaid invoice between businesses, one of the most common scenarios in judicial debt recovery. The debt is clear, liquid, due and enforceable, meeting the requirements of the order for payment procedure.
- Initial strategy
Faced with non-payment, the company decides to consult a law firm specialising in debt recovery, which reviews the documentation and recommends initiating an order for payment to claim the unpaid debts, given the solid documentary basis and high probability of recovery following the court order. The application is filed under the Civil Procedure Act, without initially requiring a lawyer or court representative.
- Debtor's opposition
The debtor company opposes, alleging supposed material defects. This causes the order for payment procedure to close and automatically convert into ordinary debt claim proceedings, as the amount exceeds €15,000.
- Final judicial route
From this point, the case continues with a lawyer and court representative, presenting emails, quality certificates and expert evidence. The judge ultimately orders the debtor to pay €28,000, plus interest and legal costs.
- Strategic conclusion
This example shows why, even in debts that end up in ordinary proceedings, starting with an order for payment procedure is usually the right strategy: if the debtor pays, time and costs are saved; if they oppose, the matter automatically continues through the appropriate route without losing any rights.
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If you are in a similar situation, you can find more information on how to claim an unpaid invoice in our specific article on this type of claim, where we explain step by step the legal options available and how to initiate the appropriate procedure.
Frequently Asked Questions
Yes, you can initiate an order for payment procedure without a lawyer or court representative, regardless of the amount claimed. However, you should be aware that if the debtor files opposition, the procedure will end and convert into summary or ordinary proceedings depending on the amount.
At that point, a lawyer and court representative will be mandatory: in summary proceedings when the claim exceeds €2,000, and in ordinary proceedings always, regardless of the amount. Therefore, although you can start the order for payment on your own, it is advisable to seek professional advice from the outset to assess the real likelihood of opposition and have a strategy prepared if needed.
When the debtor files opposition, the order for payment procedure ends and converts into the appropriate proceedings depending on the amount claimed, which would require filing a full claim with all necessary documentation and evidence.
The conversion is automatic, so there is no need to initiate a new procedure, although timelines and complexity increase, making it advisable to have a specialist debt recovery lawyer and court representative.
It depends on the specifics of the case. Ordinary proceedings are preferable when serious opposition is expected, the debt involves complex contractual disputes or additional evidence is needed beyond the existence of the debt.
On the other hand, if the documentation is clear and solid, the order for payment procedure is faster and more cost-effective, with a good probability of voluntary payment following the court order. If you are unsure, a prior assessment with a professional lawyer can help you evaluate the situation, review the documentation and recommend the most efficient route to recover the debt.
Free legal consultation – Specialist lawyer in judicial debt recovery
Do you have unpaid invoices, client debts or any outstanding amounts to collect? Our law firm offers a free consultation to assess your case with no obligation. We review the documentation you have, the viability of the claim and advise you on the most appropriate judicial procedure: order for payment or ordinary claim proceedings.
As specialist judicial debt recovery lawyers in Barcelona, we have in-depth knowledge of the requirements of the order for payment procedure, the timelines of each procedure and the most effective strategies for each situation. We handle everything from the initial order for payment application or the filing of the monetary claim, through to the enforcement of the judgment and asset seizure if necessary.
Contact us and put your claim in the hands of specialist lawyers. We will help you recover what is owed to you with maximum efficiency and transparency regarding the costs of the order for payment or ordinary proceedings.