What is an Injunction Request?
An Injunction Request (Requerimento de Injunção) is a mechanism that allows a creditor to obtain an enforcement title more quickly and cost‑effectively when a debtor fails to pay. With an enforcement title, the creditor can execute directly against the debtor’s assets (for example, bank accounts or tax credits) without bringing a full ordinary court action.
Scope of application
The procedure applies to obligations arising from contracts up to €15,000.00 and to commercial transactions regardless of the amount. A “commercial transaction” is any transaction between companies, or between companies and public entities, for the supply of goods or services, excluding consumer contracts.
How to submit the request
The request must be filed electronically by a legal representative via the National Injunction Office (BNI). The form is straightforward: it identifies the parties, the notification address, and includes a brief statement of facts (the cause of action). The creditor must specify the principal amount, accrued interest, and other sums due. If notification is unsuccessful, the applicant must indicate the competent court to which the case should be transferred.
Subsequent steps
- Notification: If the request complies with legal requirements, the debtor is notified and has 15 days to pay or lodge an opposition.
- Enforcement: If the debtor neither pays nor opposes, the BNI secretary affixes an “enforcement formula” to the request, giving it the force of an enforcement title.
- Opposition: If the debtor opposes, the procedure is converted into a judicial action and allocated to the competent court.
European Order for Payment
This instrument is used for cross‑border cases in which the parties are domiciled in different EU Member States. The main differences from the national procedure are:
Deadlines: The period for payment or opposition is 30 days (instead of 15 days in the national procedure).
Jurisdiction: The parties must be located in different Member States.
Ana Catarina Dias | [email protected]