The Spanish economy has been hit hard in recent years. The country is still in heavy weather. You probably also notice that, because the payment behavior of the Spaniards is one of Europe’s worst. With our debt collection Spain service you are assured of a maximum collection efficiency. Do not wait any longer and discover how debt collection Spain works. Por favor!
In Spain, as in the Netherlands, there are various legal forms (forma jurídica). The legal form is the type of company in which your debtor (deudor) drives his company.
Debt collection Spain has, among other things, the following legal forms:
The most common legal form in Spain is the Sociedad Limitada. Many, often smaller, entrepreneurs drive their business in the form of a sole proprietorship. Depending on the legal form of your debtor, our debt collection Spain specialists determine the most sophisticated debt collection Spain strategy.
You have an unpaid claim and call the Collection Company. You will be helped by one of the specialists in Spain. You then transfer your claim for collection Spain and we will immediately start working for you. We enter your claim, calculate the interest and collection costs and start drawing up a first notice of default ( requerimiento de pago). We also call your debtor and send written reminders. In the extrajudicial phase we do everything we can to have your debtor pay. You also have permanent access to the Online Cockpit in which you follow the matter closely. You see what is paid. Any defenses against the claim are also made visible and if necessary discussed with you.
A debt collection specialist Spain will assist you permanently, while we will prepare the file for you in a legally required manner.
An extrajudicial phase is not mandatory for a debt collection Spain file. In many cases we advise you to continue the extrajudicial phase. Some situations may ensure that we advise you to start the legal proceedings immediately. Think of the suspicion that your debtor is in danger of going bankrupt. Or that your debtor is obscuring the assets. Many judges in Spain, and certainly the judges working in the more remote regions, expect creditors to try to obtain a payment in an ‘amicably’ manner, with extrajudicial collection from Spain.
In around 90% of cases, your debtor will happily pay in the extrajudicial phase. Is the probability of recovery realistic and does your debtor in Spain unexpectedly pay nothing? In that case, debt collection Spain fortunately has several effective routes to enforce payment with the help of the local court.
The goal is for the judge to order your debtor to pay. With that conviction in hand can be seized. Without conviction, no attachment can be made in Spain.
The procedure Proceso Monitorio is extremely suitable for a claim that is not disputed. A debt collection Spain lawyer requests the local court to order the debtor to pay. The debtor can respond to this order, which is often sent by the local court to the debtor by registered mail. That can be done within 20 days. Does the debtor not respond within that period? Then the debt collection Spain lawyer asks for a declaration of enforceability. A document is seized on the basis of this document. In this way, your debt collection Spain claim is easily paid. Does your debtor do defense? Then your claim will automatically go to the so-called ‘bottom judge’: a judge who deals with the case in contradiction. Read more about this under point B and C.
The Spanish law makes a distinction between claims more or less than € 6,000. The Juicio Verbal procedure applies to claims up to and including € 6,000. The procedure is started by filing a summons with the court. Your debtor then has the opportunity to submit a counter notification. If your debtor does not do this, the court will in most cases immediately proceed to the award of a default judgment. With this judgment, attachment is made.
The name says it all, a normal procedure. In this procedure there is an opportunity to discuss both your views and the views of the other party. The judge weighs the points of view and ultimately decides, after the case has been started by us with the issuing of a summons. It is possible that witnesses are heard and that a specialist is appointed, for example to explain something technical. Usually the judge first determines a schedule, how the course of the procedure will look in time and steps. That way you know where you stand. The incasso Spain lawyer is on top of it and you provide detailed information about your (process) opportunities.
The procedures under B and C ( Juicio Verbal and Juico Ordinario ) also fit in seamlessly with the procedure mentioned under A ( Proceso Monitorio).
Spain has a very different, specific procedure. The Juicio Cambiario.
In Spain it is customary to trade with checks and bills. This is rare in the Netherlands, but in Spain it is a frequently used means of payment. Are your checks or bills not met? Then the incasso Spain lawyer starts a juicio cambiario procedure. With a petition to the court, the court orders your debtor to pay within 10 days. What makes this product interesting is that the judge can also have prejudgment attachment on certain assets of your debtor. In the Netherlands that is not to be imagined!
Especially for creditors from EU countries other than Spain, the European payment order procedure can be used in Spain. It must then be an undisputed claim and must be a trade agreement. If that is the case, the debt collection Spain lawyer can determine well. If you receive green light, we ask the locally competent court to order the debtor to pay. Your debtor can then lodge an objection against the order within 30 days. No resistance? Then the debt collection from Spain lawyer requests a declaration of enforceability. With this declaration – with the same value to a judgment – immediate attachment is made. Our debt collection specialists are investigating whether there is an undisputed claim. This is for example the case of your debtor saying: ‘ I want to pay, but this week I have no money ‘, or ‘ Can I make a payment arrangement?’.
The legal proceedings in Spain are complex. Without specialist legal knowledge, unforeseen problems can arise. Because of our experience with debt collection in Spain you prevent this.
Are you concerned that your debtor is obscuring assets or reducing the chance of redress in another way? Then do not wait any longer and allow the lawyer to confiscate an attorney in Spain.
The word ‘conservatoire’ is derived from the verb ‘to conserve’ that means to keep. If a seizure is seized, then the debtor can no longer freely dispose of those goods. That is, the goods may no longer be used and / or sold. A prejudgment attachment can also be levied on a sum of money from the debtor itself or a sum of money under a third party, such as a bank or a customer of the debtor.
According to Spanish law, prejudgment attachment is possible if:
a) The protective measure is solely intended to prevent assets that are lost (such as houses, cars, etc.) from the defendant during the legal proceedings;
b) The measure is proportional. This means that no other measure is possible that is less harmful or detrimental to your debtor.
Became curious? Our specialists in debt collection Spain would like to see if conservatory attachment can be a valuable addition to your case.
A legal procedure is provided by two lawyers: one debt collection from Spain lawyer ( abogado) and one attorney. A debt collection from Spain lawyer ensures the substantive preparation and the prosecutor is the party that will represent the proceedings at the court. The advantage is that the prosecutor is aware of the local customs of the court and knows how to bring the case.
The ultimate goal of judicial collection Spain is to collect the claim by means of seizure. This can be done with a judgment or a declaration of enforceability. Contrary to the situation in the Netherlands, the Spanish court still has to agree to seizure. Here the Spanish legislation differs from Dutch legislation. That is also what the lawyer arranges for Spain.
And who then seizes it? This is done by the civil servant in the competent court.
In the Netherlands, a bailiff is an independent entrepreneur and an official. He runs his own office. In Spain that is different. In Spain, the enforcement of court judgments takes place by the officials of the court itself. This means that civil servants will act as bailiffs.
We prefer to consult the public registers first to get an idea of the financial situation of your debtor. We have extensive experience in collecting receivables in Spain and we take this into account when determining the strategy in your debt collection Spain case.
It may be that you have agreed in the agreement with your debtor that arbitrage must be conducted in the event of an unpaid claim. This is a judicial phase in which certain arbitrators – lawyers – settle the dispute through joint consultation.
Two conditions must then be met.
a) There must be an arbitration agreement. This can be done, for example, in the form of a provision in an agreement.
b) This arbitration agreement must be recorded in writing in a document signed by both parties.
Arbitrators will decide in such a procedure. An arbitral decision is also called ‘laudo’ in Spanish. If the debtor’s arbitration decision is not carried out voluntarily, the Spanish lawyer’s debtor can, under Spanish law, force the debtor Ley de Enjuiciamiento Civil to pay your debtor.
Arbitration can be a useful solution if you want to resolve your dispute extrajudicially. Please contact one of our debt collection specialists in Spain to discuss the conditions.
A bankruptcy can be a useful means of pressure for your debtor to pay. As in the Netherlands, creditors in Spain can request the bankruptcy of your debtor. No worries, this is what Spain’s debtor lawyer does for you. Incasso Spain has special commercial courts dealing with the treatment of bankruptcies. In that case, your debtor loses the authority to dispose of his assets.
Spain has a broad general limitation period of 15 years starting from the date your invoice expired. The Spanish law also has specific limitation periods. For example, the limitation period in the transport sector is 1 year.
However, it is not a disaster if the limitation period of your claim has already expired. Your debtor needs to appeal to this. Experience shows that few debtors do this.
Do you doubt which limitation period applies to your claim? Feel free to contact one of our specialists in Spain. They will help you further.
In the Netherlands we have bailiffs who have legal duties and powers. Spain knows no bailiffs. The enforcement of court rulings takes place by the court itself and is a government task.
The general prescription periods in Spain is longer than in the Netherlands.
Spain, like the Netherlands, also has conservatory attachment . The legal practice shows that these two countries differ very much in this respect. Spanish regulations are much stricter than in the Netherlands.
In Spain it is not possible to initiate a court procedure to recover only the costs and interest . This is possible in the Netherlands.
The Spanish courts assume debtor protection . A decisive action by specialized collection specialists and collection of Spain lawyers is therefore necessary.
The recovery company is active throughout Spain, including all 17 communities of Spain (comunidades autónomas). To give you an idea, we explain.
Starting with debt collection Spain is easy. Below we have listed a number of useful documents. It is not a problem if you do not have all the pieces. Send us what you do have. Our debt collection Spain specialists will gladly help you with this.
We can help you with all civil claims on debtors in Spain. For example, think of:
If in doubt, please contact us. Together with our debt collection specialists, we can look at your claim.
