Registro Impagados Judiciales
What is the RIJ?
The REGISTRY OF JUDICIAL UNPAID is a pioneer specialized online platform for the legal profession, created by the company "DESARROLLO DE APLICACIONES JURÍDICAS, SL" (constituted by the company Infraestructura Tecnológica CGAE, SL, company of the Consejo General de la Abogacía Española and Inversiones Colectivas en Red, SL), hereinafter DAJ.
Said technological platform allows lawyers, on their own or on behalf of their clients, carry out collection procedures of debts that are in prejudicial phase, o judicialized (provided that its existence or amount is not being discussed by the debtor), as well as amounts recognized in final judicial resolution, easily and efficiently.
Managing the claim for quantity is carried out by agents from the platform through a automated process which concludes, in case of non-payment with the publication of the information regarding the breach of the monetary obligation in the delinquent file called Registry of Judicial Defaulters (RIJ) owned by DAJ and in the case of debts related to individuals, also in the Experian File of Judicial Defaulters (FEIJ) owned by Experian Bureau de Crédito SA, in order to facilitate its dissemination among those who have a legitimate interest in obtaining that information.
The RIJ defaulter file is a pioneer for two peculiarities: For him type of information it collects y why bliss information reaches millions of users (individuals, freelancers, companies, banks or financial entities) affecting the scoring and rating criteria used to assess the debtor's risk and thus to the creditworthiness and business reputation of the debtor, favoring the payment of the debt and increasing the recovery rate.
With regards to information that collects, is relative to certain debts, due, enforceable, not less than € 50, whose existence or amount has not been the subject of an administrative or judicial claim by the debtor or through an alternative dispute resolution procedure binding between the parties. Bill limit maximum of permanence of a debt in the RIJ file will be 5 years or 10 years from the expiration date of the obligation depending on whether they are natural persons or legal persons respectively. Information must be provided by lawyers, in his own name (oath of accounts) or on behalf of your clients (appraisal of costs, debts of owners' community fees, debt of non-payment of rents, debt generated by non-payment of alimony, for a liquidation of community property, for an inheritance partition ...). This debt, managed in law firms, was not previously collected in any file and therefore was not taken into account when assessing the risk of the affected party to contract with him or to grant him financing.
Services
The Registry of judicial unpaid offers three services:
- Debt Claim Service: (prejudicial, judicial not disputed by the debtor or recognized in a final judicial resolution): It is a recovery tool that allows optimization of collection efforts in which notifications to the debtor are made by certified means.
- Judicial debt publication service: allows the user to publish judicialized debts on the platform free of charge, notifying the debtor through the judicial body, within the procedure initiated to claim the debt.
- Consultation Service: it will allow you to avoid future defaults and minimize risks.
What is the difference between the debt claim service and the judicial debt publication service?
The peculiarity of this DIRECT PUBLICATION SERVICE of debts prosecuted in the RIJ is that the mandatory notifications to the debtor required by article 20.1 of the LOPD must be made by the user prior to publication, within the legal proceedings followed against the debtor claiming the debt or by reliable notification under its responsibility to duly accredit it, unlike the NON-PAYMENT CLAIM SERVICE in which such notifications are made through the automated procedure offered by the platform according to the modality chosen by the user:
- Basic Modality (Certified Postal): The prior requirement to the debtor is made by registered letter, a system that provides high reliability in exchange for a low cost.
- Burofax Modality (Postal Burofax): The prior request to the debtor is made by means of a burofax with acknowledgment of receipt and text certification that includes the date, name of the claimant and the debtor, and the body where the object of the claim is clearly and concisely explained.
What is the added value of the extrajudicial claim through the RIJ with respect to the traditional collection procedures?
For the approximate price of shipping a burofax, the RIJ ademas of the reliable requirement offers, where appropriate, the inclusion of the defaulter in the relevant credit information files.
The claim service allows the possibility of claiming prejudicial debts, which offers the lawyer the following advantages compared to traditional extrajudicial claims procedures:
- Reliable prior extrajudicial claim (prior, if applicable, to the judicial process).
- Savings in burofax shipping management both time and money (the RIJ processors are in charge of all the management).
- Customization of the requirement (with the data and logo of the claimant lawyer), as well as the logo of the Registry of Judicial Defaulters.
- Inclusion of the debtor in the delinquent file managed by the Abogacía Española.
• Facilitates and speeds up debt recovery since it is included in the RIJ file affects the Rating and Scoring processes used to assess the debtor's risk and thus the debtor's creditworthiness and business reputation, favoring the payment of the debt and therefore, it is a complement to the collection management carried out by lawyers, giving it a added value to the work of the lawyer.
Who provides the information?
Information regarding debts is provided by the creditors of the same through their lawyers or by the latter in their own name when they are the holders of the debt.
Who can consult that information?
Information you can consult it who enjoys a legitimate interest in accessing such information.
And when does that legitimate interest occur?
As provided in the art. 20.1.e) LOPD, come when whoever consults the system maintains a contractual relationship with the affected party that involves the payment of a pecuniary amount or he would have asked you to hold a contract that involves deferred payment or periodic billing.
How is published information disseminated?
Information regarding legal entities:
Thanks to the service provision contract signed with the state company INFORM D&B, belonging to the CESCE Group and leader in the commercial information sector, it will have access to the information collected in the RIJ File relative to legal persons and you can include it in the commercial reports that you offer to your clients so that the information will reach the financial system and business fabric of our country.
Information regarding natural persons:
Thanks to the contract for the provision of services recently concluded with EXPERIENCE, leader in the sector of credit information for individuals, they will have access to the information collected in the RIJ File relative to natural persons and may make it available to its member entities, so that said information will reach the financial system and business fabric of our country.
How does claiming debts through the RIJ work?
1 Access to the platform
The debt inclusion process begins with the lawyer accessing the platform through the web www.registrodeimpagadosjudicial.es or through the service portal of Advocacy Network and you will identify yourself with your card ACA or with your username and password.
2 Contribution of debt data
The lawyer must complete a claim form on the Platform providing all the data related to the debt, the creditor and the debtor and, where appropriate, the judicial procedure. Likewise, there will be provide the supporting documentation of the existence of debt.
The lawyer will act on behalf of your client or, in the case of a debt of which the professional himself is the creditor, in his own name. In the event of acting on behalf of the client, the pertinent "representation".
3.-Payment requirement to the debtor
Once the claim form has been completed on the Platform, the RIJ legal team will send a requirement to the debtor granting him a period of 5 days to make the payment, expressly including the warning of being included in the delinquency file RIJ if it remains in default. In this way, the legal requirement that the regulations on data protection imposes on the creditor to make this prior warning at the time of requesting payment, prior to being included in a delinquency file, is met.
4.- Notification to the debtor of the inclusion in the RIJ
In the event that the claimed do not attend the payment request forwarded, your data is included in the RIJ file sending you, to comply with current legislation, immediately the corresponding reliable notification, remaining the information blocked for 30 days from inclusion, during which, if the debtor wishes to prevent the data related to the debt in question from being published, he may make the payment.
Equally, the debtor, during that period you can exercise your rights of access, rectification, deletion, opposition or limitation of treatment (rights ARSOL), in accordance with the applicable regulations.
5.- Access to information
Si after that period of 30 days payment has not been verified, the aforementioned rights have not been exercised, or the request in them has been denied because the creditor has confirmed all the points related to the information on the non-payment, with documentation, the blockade will be lifted and the information will be visible to anyone who has a legitimate interest in knowing that information.
6.- Information distribution.
This information is immediately accessible for your Consultation by any lawyer in the country, free of charge. That's it accessible to the entire financial system and business fabric through INFORMA and EXPERIENCE in the manner indicated above.
What is the process for publishing judicialized debts in the RIJ file?
This free publication service in the RIJ requires that the user has previously made the debtor the notifications required by article 20.1 of the LOPD (payment requirement and warning of inclusion in the file, as well as the notification of inclusion in it). .
To do this, you must follow the following process:
1.- Previously, you must require payment from the debtor with express warning of inclusion in the RIJ and FEIJ files through legal proceedings initiated to claim the debt
- On the monitoring ballot
- In the ordinary trial demand
- By means of a procedural document at any stage of the ongoing procedure
2.- You must contribute to the RIJ the document accrediting the notification of the payment requirement with warning of inclusion to the debtor through the judicial body.
If you make the payment request with the warning of inclusion with the claim document or with the order form, you can prove receipt of the notification either with the acknowledgment of receipt, in case of remittance of the writ of summons and the claim to the domicile of the defendant, or, in the case of notification by delivery, with the positive diligence of notification issued by the bailiff.
If you make the payment request with a warning of inclusion by means of a document in a procedure already in progress and the debtor is in person through a solicitor, you can prove the notification by attaching the document justifying the transfer to the debtor-defendant of the document via the System of Electronic Communication (LexNET, Justicia.cat, Justi-ciaSip, Vereda or Avantius). If the defendant is not represented by a solicitor, he may prove receipt of the notification either with the acknowledgment of receipt in the case of remittance of the notification, or, in the case of notification by delivery, with the positive diligence issued by the bailiff.
3.- Once the acknowledgment of receipt or the positive diligence of summons has been uploaded to the platform that proves the notification to the debtor-defendant of the payment requirement with the warning of inclusion in the RIJ file and, where appropriate, in the FEIJ, You can download an accrediting certificate from the platform of the inclusion of the debtor's data in the file.
4.- To finalize the publication of the data in the system, it is a requirement that you proceed to notify said inclusion to the debtor through the judicial body submitting a document in the ongoing legal proceedings, attaching said certificate.
5.- Once you have made the notification of inclusion to the debtor through the judicial body, access your pending file and Provide the document accrediting the transfer via the Electronic Communication System (LexNET, Justicia.cat, JusticiaSip, Vereda or Avantius) to the debtor-defendant of said document together with the certificate.
If the defendant is not represented by a solicitor, he may prove receipt of the notification either with the acknowledgment of receipt, in the case of remittance of the notification, or, in the case of notification by delivery, with the positive diligence issued by the bailiff. .
6.- After 30 days from the previous notification (provided that the debtor remains in default and has not exercised his rights of opposition or deletion or, if he has done so, his claim has not been successful) RIJ will make public the debt data.
Modalities and prices
1-Certified Letter Mode
The payment request is sent by registered letter, through the postal service for a price of only € 29,90 plus VAT, which includes all the service.
2-Burofax mode
The payment request is sent through burofax, with acknowledgment of receipt and content certification, for a price of € 39,90 plus VAT, which includes all the service.
3- Judicialized Publication Modality
Given that the mandatory notifications to the debtor required by article 20.1 of the LOPD must be made by the user prior to publication, within the legal proceedings followed against the debtor claiming the debt or by reliable notification under his responsibility. If duly accredited, this service is offered free of charge.
Advantages of the RIJ
It is a service that facilitates and speeds up debt recovery since being included in the RIJ file affects the Rating and Scoring processes used to assess the debtor's risk and thus the debtor's credit capacity and business reputation, favoring the payment of the debt and therefore, it is a complement to the collection management carried out by the lawyers, giving added value to the work of the lawyer.
Facilitates and Expedites the recovery
Be included in the RIJ file affects the Rating and Scoring processes used to assess the debtor's risk and thus the debtor's creditworthiness and business reputation, favoring the payment of the debt and, therefore, it is a complement to collection management performed by lawyers giving added value to the work of the lawyer.
Comfortable and simple method
The inclusion of debts for the professional is easy and comfortable since the claim is made in less than 10 minutes through the platform online.
Once the information is uploaded DAJ takes care of all the management of the claim and, where appropriate, of the publication of the debt in the RIJ file.
Competitive price
The price of the service is very competitive since it amounts to € 29,90, excl.VAT, in case of opting for the notification through registered letter and € 39,90, excl.VAT, in case of opting for the payment request to be made through burofax.
The lawyer may pass the cost on to the client in respect of supplied.
RIJ consultations for attorneys are free.
Transparent service
The debt inclusion service is very efficient and transparent for the professional, which is informed in real time of the status of the registered debt throughout the process of publication of the same and may have a direct chat with the processor assigned to resolve any type of legal or operational doubts.
Legal Service
The RIJ respects the current legislation regarding Data Protection of natural persons, protection of right to honor of legal persons, deontological code of the legal profession and complies with the requirements set by the Spanish Data Protection Agency.
