Have you heard of an injunction? This is a way to collect a debt without having to resort to lengthy and overly complex legal processes. 

However, an injunction has specific rules that mean it may not always be possible to resort to this mechanism. Learn all about injunctions and their specificities in this article from [source name]. Lawyers in Braga. 

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

An injunction is a legal procedure that allows a person to quickly and inexpensively claim payment of a debt of a certain value, which is due and payable, without having to immediately initiate a traditional lawsuit.

The injunction is regulated by Decree-Law No. 269/98 It is widely used to collect overdue invoices, unpaid rent, service fees, or goods.

In short, an injunction is a faster way of... collect debts minors, without the need to resort to a full legal action. 

What is the purpose of the injunction process?

Uma injunction It allows the creditor to obtain an enforceable title quickly and at a lower cost, enabling debt collection without having to immediately resort to ordinary legal action. It is an effective way to expedite the debt collection process. Debts, saving time and money. 

Who can resort to injunction proceedings?

Any individual or legal entity with a debt of a certain, overdue, and enforceable value may resort to the injunction process. It is a procedure accessible to companies, self-employed workers, or individuals who wish to recover amounts owed.

Advantages of injunction 

An injunction is a legal process that offers several advantages over other similar types of proceedings. Among these advantages are:

• Ease of collection, which facilitates the start of the debt collection process;
• It's a simple process, since it requires less bureaucracy;
• This process is a European process, which means it can be recognized or executed in any Member State without the need for an intermediary process. 

How does the injunction process work?

The injunction process has a series of steps that people who want to initiate this process must follow. These steps are:

Injunction request: a creditor submits a request to National Injunction Desk, with debt and debtor information. 

Debtor notification: The debtor is aware of the injunction proceedings.

Debtor's objection: The debtor has 15 days to object to the injunction.

Execution of the executive formula: If there is no opposition to the process, the enforcement formula is created, which reinforces the request. This initiates the injunction process. 

Court trial: If there is opposition and it is upheld, the process goes to court. 

What happens after an injunction request is filed?

After the injunction request is filed, the debtor is notified by registered letter and has 15 days to pay the debt or file an objection. 

When does an injunction become enforceable?

An enforcement order is issued when the debtor is notified of the injunction and neither objects to it nor pays the debt in question. 

Differences between injunction and other legal means

Although similar to other types of legal proceedings, the injunction stands out from them in some respects. 

Injunction vs. declaratory proceeding 

Although both cases share similarities, an injunction is a faster process compared to a declaratory action. Furthermore, a declaratory action is more complex, aiming to establish rights and potentially condemn the debtor. 

Injunction vs. enforcement action

While an injunction aims to obtain an enforceable title, a executive action It aims to make a direct charge. 

Is a lawyer necessary to start the process?

Although hiring a lawyer is not mandatory for an injunction process, it is highly recommended. A lawyer is essential to monitor the process and ensure that legal requirements are being met. 

To find out more, please contact Lawyers in Braga. At Advogados em Braga, you'll find qualified professionals ready to assist you in fighting for your rights. 

How much does it cost to file an injunction?

O cost of filing an injunction It varies depending on the amount owed. This value It increases as the debt amount increases, ranging from 48 euros to 459 euros. 

Can I contest an injunction I've received?

Yes. However, the debtor has 15 days to object to the injunction. If they fail to do so, or do not pay the debt within this period, the action becomes an enforcement proceeding, which entails another legal burden. 

Can I file injunctions against companies and individuals?

It is possible to file injunctions against either companies or individuals. However, this is only possible if the debt is up to €15,000 and results from contracts or commercial transactions. 

Does the injunction expire or become time-barred?

The injunction does not expire but becomes time-barred. The deadline for legal action is six months from the date of the initial payment. 

After six months, the process expires and the creditor loses the possibility of initiating a lawsuit against the debtor to settle the debt. 

Conclusion 

An injunction is a way to collect a small debt, up to €15,000. This process can involve companies or individuals.

What makes an injunction different from other judicial debt collection processes is the fact that it is a faster and less bureaucratic process. However, an injunction is a way of obtaining an enforceable title.

The debtor may object to the injunction within 15 days of being notified. This period also applies to the time limit for settling the debt. This is a process that does not expire but is subject to a statute of limitations, thus there is a six-month period within which the process must proceed.