Non-payments and execution

Civil claim for unpaid maintenance and CPI differences

one execution demand should allow debt to be reconstructed without confusing monthly payments, updates and extraordinary expenses. The case examined was based on a pension set at sentence and asked to claim outstanding amounts together with a forecast of interest and coasts.

From the sentence to the monthly calculation

The document identified the resolution that imposed the payment of maintenance, its periodicity and annual update. From there, it broke down the amounts claimed and accompanied supporting documents for the payments made.

This is the starting point of an execution: determining what obligation the title actually contains and contrasting it with what happened. If a partial credit has been received, it must be reflected; If the update has a specific date or index, the calculation must follow that clause.

Extraordinary expenses were separated

In addition to the monthly payments, certain extraordinary expenses were included with their supporting documents. Your claim requires reviewing the definition of the title, the nature of the disbursement and the corresponding communications or authorizations.

An invoice demonstrates a service or purchase, but it does not by itself resolve that the other party must assume the percentage claimed. If there is a dispute over an expense not expressly provided for, the corresponding processing must be studied before treating it as an already undisputed debt.

Garnishment and interest require an orderly petition

The civil claim interested in acting against assets or accounts to cover the amounts claimed. He distinguished the principal from a provision for interest and costs. This provision is not a definitive amount that must be added without explanation to any non-payment.

For consultation, the sentence is useful, the agreement if available, bank statements and a revised maturity table. It is also a good idea to check if there are other procedures or subsequent payments. The purpose is to claim what is due with a verifiable calculation and prevent addition errors, duplicities or misclassified concepts from making collection difficult.

matrimonialistas Abogados can help you review the documentation and assess the options applicable to your situation.

Civil Procedure Law article 776 · BOE ↗ (opens in a new tab)