The expert report in the monitoring procedure

The monitoring procedure is an agile procedural route to claim monetary debts. Although it is traditionally associated with simple claims based on invoices or written documents, situations may arise in which the expert report becomes relevant, especially when opposition arises from the debtor and the matter is referred to a subsequent declaratory procedure.

What does monitoring consist of?

The monitoring procedure allows you to claim debts through a simplified procedural route, as long as the legal requirements for documentary accreditation of the debt are met. The debtor can pay, object or fail to appear, and each option has different procedural consequences.

General aspects

• It begins by petitioning the court with supporting documentation.
• The debtor can pay, oppose or remain silent.
• If there is opposition, the matter is referred to the declaratory procedure.
• If there is no opposition or payment, execution is dispatched.

All legal questions regarding deadlines, requirements and procedural strategy should be consulted with a lawyer.

When does the expert intervene

The expert report can be useful at various times during the monitoring process, especially when the debt comes from technical services, works, repairs or damages in which the amount requires an expert assessment.

Common scenarios

• Claim for fees for technical services with discussion on the scope.
• Invoices for works with controversy about what was executed.
• Claims for damages with the need to assess the amount.
• Situations where the opposing party discusses the quality of the work performed.

##Function of expert report

In these cases, the expert report provides:

• Technical verification of the work carried out.
• Objective economic assessment of the scope.
• Analysis of supporting technical documentation.
• Solid basis for the claim or defense.

If there is opposition

When the monitoring becomes declaratory due to the debtor’s opposition, the expert report acquires special importance. In the subsequent declaratory procedure, it may be provided as expert evidence, confirmed in court before the court and contribute to the resolution of the matter.

Preparation of the opinion

• Technical rigor and clear methodology.
• Complete documentation of the analysis.
• Availability for court appearance.
• Coordination with the lawyer of the case.

Consult with a lawyer

The procedural strategy, the choice between monitoring or direct declaration, the applicable deadlines and the consequences of each option are strictly legal issues. It is essential to consult with a lawyer, who will guide you according to your specific case.

How to continue

To learn about the expert commissioning procedure, see process. You can contact us at contact or review the available contact channels.