Claiming debts

 

 

Carlos Baño León has for many years been one of the main activities in his daily work, the extrajudicial and judicial management of debt collection affecting our clients.

These debts are contracted basically for commercial operations and also as a consequence of non-commercial contractual operations such as, for example, debts arising from loan defaults, sales and purchases, etc.

The performance of this law firm is always aimed at the collection of debts having as a rule the speed and efficiency so that the client from the beginning is totally confident to see that the processing of his case is progressing properly.

We work for SMEs and freelancers as well as for medium-sized companies, although it is true that for the latter it is an activity that is part of a larger service contract.

The self-employed and SMEs must try not to increase the stock of delinquencies and for this the best thing is not to allow a default of a customer to be the beginning of a much higher debt.

From experience we know that if from the moment a non-payment occurs, it is very difficult to have problems of delinquency.
Carlos Baño León is not a debt collection office. We are a law firm that provides comprehensive service in the areas of civil and commercial law, which is where all cases of default occur and therefore based on our legal knowledge we give a very professional treatment to clients from the first moment.

 

Our activity extends to the entire national territory. – Nationwide debt collection

 

The approach we give to the client takes into account our vast experience in Courts and Tribunals, hence our advice is of quality, informing from the beginning of how to raise and approach the cases of claims for unpaid debts so that the first acts that are carried out do not later conditions the judicial action.

When it comes to debt collection, we have ample means to find out the economic capacity of the debtors and this knowledge will help us when deciding the different steps to take, always with the purpose of obtaining the greatest economic savings for the client.

 

– IF THE CUSTOMER DOESN’T GET PAID, WE DON’T GET PAID

Many times, thanks to our friendly negotiations, debtors pay their debts and then the clients quickly see their debts settled in record time. For this purpose, our lawyers make demands by all possible means, making the debtor see that the client is willing to act and this encourages them to pay in order to avoid the costs that a legal action will have.

Our rates for debt collection are very good and you only have to consult us, although normally we always charge according to whether the debt is collected at least at this stage.

 

– IF THE DEBTOR DOES NOT PAY, WE RECOMMEND AN ORDER FOR PAYMENT LAWSUIT.

After making an amicable claim, if collection has not been obtained, we advise a very quick procedure, the Monitorio.
It is an injunction, and our experience indicates that it usually has very positive results, as long as the claims are not of a high amount.

The only cost you have is to pay a court fee (not if you are an individual) and a very small amount of management fees; really minimal.

We confirm that these claims are very efficient and the client will have no problem in entrusting us with their management, which is fast and with the only inconvenience of this small cost.

This procedure has no costs so that if the debtor pays the client is not compensated for expenses.

This may be considered a disadvantage but in reality it is not if we consider the costs of any legal proceeding and especially its long judicial process, which is very short in this type of process and that is why we always recommend it.

However, it must be taken into account that not all doubtful claims can be filed through an order for payment only when the debt is liquid, determined, due and payable, and is proven with documents signed by the debtor or with his seal; provided that they are invoices, delivery notes, etc., and also in those cases in which it is documented with documents that prove a previous relationship.

Therefore, when any of these cases occur, a claim may be filed through this debt collection procedure.

In fact, it could be said that most of the debts meet any of these requirements and if one of them is met, we could act in this way.

Finally, if the debt derives from non-payment of expenses of a Community of Property Owners, the procedure that the Law establishes for claiming them is the Monitorio, due to its speed, as we will never tire of saying.

 

– IF THE DEBTOR DOES NOT PAY, WE DO NOT COLLECT THE DEBT.

We do not collect if the debtor does not pay. We charge fees if the debtor pays. Contact us. Our rates are competitive.

Those debts whose origin derives from a civil or commercial contract, etc., and which are not the result of an exchange of goods and services in the market, but rather are the result of dispositive and obligatory acts of individuals in the exercise of their freedom and capacity, are excluded from this type of model of claims for the collection of unpaid debts.

Neither the execution of sentences obtained abroad nor those embodied in a public deed or title to which the law gives enforceable force, such as a mortgage loan, a check, etc., can be claimed by this means of debt collection that we propose.

 

ADVANTAGES OF DEBT COLLECTION OR IMPAIRMENT BY MONITORING – Claiming debts nationwide

 

Our experience of many years makes us preferably advise this procedure for the collection of unpaid debts for four basic reasons that we will explain below.

One of them, the main one, for us is that the processing of the procedure is very fast so that within 20 days of delivering the request to the defaulter we will know if he is going to pay or not. Normally, unless it is a large amount, he will pay for the simple reason that automatically if he opposes before the Court making allegations against the debt, immediately the procedure ceases to be Monitorio and becomes Ordinary or Verbal because the Judge in this case of opposition will give the creditor the possibility to continue by the Court the claim of the debt through the procedure that corresponds according to the amount and therefore the debtor will already have security that he will continue the trial, with what this entails the risk of paying high costs.

A second advantage is its low economic cost for the creditor, which in our opinion allows him in a very safe way to claim judicially with peace of mind and knowing the small economic cost he is risking against what he has to win. In our experience this is an issue that deters many people from claiming against their defaulting debtors because they don’t want to face more costs. This does not result with Carlos Baño León, debt claim at the national level.

A third advantage is that if the debtor opposes, he will have to do so on the basis of allegations that justify his right to oppose and this will give us the arguments in advance that he will use in the trial so that when the time comes the trial will provide as much evidence as we have to refute him and that he will be condemned. That is to say, if the debtor objects, he will tell us what he is going to base his objection on and this will allow us to act forcefully with the evidence that proves that he is not right.

A fourth advantage is that if the debtor does not pay or does not defend himself, the judge immediately proceeds to seize the debtor’s assets, so that the debtor has to think very seriously about what he is going to do because whatever any of the behaviors he performs, the consequences for him can be very serious and above all costly.

We will not finish without saying that this law firm works all over Spain and that this type of legal procedure is all done in writing.Therefore, if you had any fear that our intervention would make your case more expensive because we are not in your city or province, you should eliminate any concern in this regard, since our intervention is always in writing, so there can never be any increase in price, apart from the fact that, as we said at the beginning, our conditions and budgets are very good from an economic point of view.