Want to collect a debt, or have you received a notice of a debt to pay? What do you do now? 

An injunction is a procedure that allows a creditor of a debt to collect it from someone. This act is common, and can be done in any debt situation with the support of a Solicitor. In this article, you will learn more about the injunction. 

Uma injunção é uma ordem judicial que exige que uma pessoa faça alguma coisa ou cesse de fazer alguma coisa.

An injunction is what allows a creditor of a debt to have a document that permits them to take legal action to recover the value from the person who is in debt.

The National Injunctions Counter

O National Injunctions Office (BNI) is an organisation that electronically processes injunction proceedings. This registry is located in Porto and its work is carried out exclusively electronically. 

When is the injunction applied?

The injunction process is applicable in commercial transactions of any value or to situations involving contracts with a value up to €15,000.00. 

A procedure for an injunction can be sought when there is a need to prohibit someone from doing a particular act, or to compel them to do a particular act. This is usually in situations where monetary damages would not be an adequate remedy.

As previously referred to, a injunction is an option for debts in commercial transactions or values up to €15,000.00. This process has several advantages, such as:

• To be a simple process;
• Prevent recourse to the courts.;
• It's cheaper than a lawsuit.

Steps to apply for an injunction

To apply for an injunction, the process is relatively straightforward and can be done electronically. You can also seek the assistance of a solicitor to avoid any problems or complications. The steps are as follows:

1. Preparation of the Injunction ApplicationThe creditor must complete an application for an injunction, stating the details of the debt, such as the amount due, overdue interest, and other amounts owed, as well as the facts supporting their claim.
2. Online SubmissionThe injunction application is generally submitted electronically through the Citius Portal, at the National Injunctions Office.
3. Payment of Court FeeAfter completing the application form, the creditor must pay the associated court fee, the value of which depends on the debt amount.
4. Debtor NotificationOnce the application has been submitted and validated, the debtor is notified by registered letter with acknowledgement of receipt. The debtor then has 15 days to respond.
5. Opposition to InjunctionIf the debtor objects to the injunction, the case is sent to court, where it will be decided.
6. Conversion into an Enforcement Title: If the debtor does not pay or object within the deadline, the writ of execution becomes an enforceable title, allowing the creditor to initiate a enforcement action to recover the debt.
7. Commencement of Enforcement ActionWith the executive title in hand, the creditor can initiate enforcement proceedings to recover the amount owed, which may include seizures.

How do you make an injunction?

Through the BNI, an injunction form is completed. This form requires data to be filled in, such as the people involved in the process, the place where notification should be made, and an explanation of what happened.

How is an Injunction Application presented?

The injunction application can be submitted online or in paper format anywhere in the country. The place where it should be submitted is at the district courts of each region, and it is from there that the applications are forwarded to the National Injunctions Office.

What is the deadline to execute an injunction

The debtor has 15 days to make the payment owed. Otherwise, the injunction proceeds. executable title, i.e., it becomes the basis of a process to collect the debt from the debtor. 

How to pay an injunction in instalments?

Payment of an injunction by instalments is a possible scenario. To do this, you must apply in writing and first ask the creditor to withdraw the injunction proceedings. 

What happens after the filing of the injunction application?

Following the presentation of the injunction application, the debtor is notified of the application. If they oppose the application, the proceedings go to court, otherwise, if they do not, the enforcement order is issued. 

How can I find out if I have an injunction?

Anyone can access this information online. To do so, they must follow these steps: 

1. Access to the Faster;
2. Choose whether to search for a notification or an enforcement order.;
3. Enter the injunction number;
4. Insert document identifier.

What to do when you receive an injunction

When you receive a notice of an injunction, it is paramount to contact a solicitor so that they can assess the feasibility of the injunction.

With the possibility of legal protection existing, the notified person should inform the secretariat by letter National Injunctions Office, so that there are no developments in the injunction process until a decision is released by social security. 

How much does an injunction process cost?

In Portugal, the cost of an injunction process varies according to the amount of the debt and the submission method of the application (online or manual).

Online

• 12 euros for procedures below 1,875 euros;
• 24 euros for procedures between 1,875 and 3,750 euros;
• £48 for procedures between €3,750 and €15,000;
• €96 for procedures exceeding €15,000;
• For values above 30,000 euros, an additional 24 euros will be added for every 15,000 euros or part thereof, up to a maximum of 50,000 euros.

By manual means, costs are generally double the figures indicated for electronic means.

Handbook

Furthermore, according to the European Justice Portal, the court fee in Portugal for injunction proceedings is expressed in Units of Account (UC), where 1 UC corresponds to €102. The values are:

• 102 euros (1 UC) for values up to 5,000 euros;
• 204 euros (2 UC) for values between €5,000 and €15,000;
• 306 euros (3 UC) for amounts above 15,000.01 euros.

What does the creditor aim to achieve with an injunction application?

The aim of an application for an injunction is to allow creditors of certain amounts to initiate enforcement proceedings, where they can coercively collect the money that is owed. 

Is it possible to reach an agreement between the debtor and creditor after an injunction?

Yes. The debtor can reach an agreement with the creditor, in order to settle the debt. However, the courts and the National Enforcement Service are not responsible for this action, and the debtor should then contact the creditor's lawyer. 

What is the legal framework for an injunction

The injunction regime allows a creditor to obtain an enforcement title in a simplified manner, without having to bring a declaratory action in court.

How can a solicitor help with an injunction?

A lawyer is essential in an injunction proceeding, both for the creditor and the debtor. The presence of a lawyer is essential for the process of advising and providing important information throughout. 

Get in touch with the Lawyers in Braga, where there will be specialised support! 

Do you need legal support? Get in touch today or learn more about our service. online lawyers and book your appointment with total convenience, wherever and whenever you want.

Conclusion 

As a debt recovery mechanism, an injunction is a simple way for a creditor to obtain the outstanding amount from the debtor. 

This process allows for the **coercive collection of the debt in question, but the debtor can still cancel this order and proceed to pay the outstanding amount in instalments.**. 

The presence of a solicitor in this process is essential, particularly for advice and case management.

Note: The information presented in this article is for informational purposes only and should not be interpreted as legal advice. While we have made every effort to ensure the accuracy of the content, we accept no responsibility for any inaccuracies, omissions, or legal changes that may occur after publication. If you are facing a specific situation or have questions about any matter covered, we strongly recommend consulting a solicitor or legal expert for advice tailored to your circumstances.