The economic consequences of the confinement measures that have been adopted in Spain, leaving only those activities that represent essential services determined by law, have meant a real blow to thousands of entrepreneurs and self-employed people who find it very difficult to survive without obtaining income or public subsidies.

In this scenario, it is more important than ever to act very prudently when granting credit to customers, although this is essential for the development of the activity itself. For this reason, we recommend taking special care of the client’s portfolio and defaulting payments in order not to worsen the company’s financial weakness.

Along with this prudence and caution that we request, we encourage companies and freelancers not to hesitate to claim the debts they have, or that they will have in the coming months, those on which they have the certainty that they are not going to collect, and about this regard Carlos Baño Leon lawyers, debt collectors, can help you by putting at your service, their great experience and knowledge, making it easier for you to pay our intervention with very reasonable prices, and a deferred payment when you recover your money.

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You must be sure that there is no situation that allows a debtor to avoid paying a financial obligation or its temporary suspension, outside the mortgage matter, or others as the payment of rent and so on. Therefore, do not allow those who don’t pay their debts or defaults to get away with it for fear of getting involved in legal proceedings and not paying, thus breaking even more your fragile economic situation.

Of course, the debtor will always have the possibility of applying for a bankruptcy proceedings, but this is a right and an obligation that the law stipulates and has nothing to do with any of the circumstances and statements that we are dealing with.

The free will of the parties, which is the principle of the contract law from which the principle of “pactun sum servanda” derives, prevents the debtor from claiming any circumstance other than those mentioned, mortgage and urban leases, of force majeure to ask either the non-payment of the debts or the temporary suspension of their payment.

In this sense, the Spanish courts are very clear and definitive when denying the admission or consideration of the claim of the “rebus sinc stantibus clause” as a defense due to the impossibility of fulfilling an obligation because of force majeure not expected at the time of assuming the debt.

Therefore nothing has changed in this chapter and the legal security that you should have is total and absolute, so trust Carlos Baño León lawyers, we claim debts and unpaid and we collect them. Do not hesitate to contact us.

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