NEWS ARTICLE:CLAIM OF DEBTS AND COVID19
NEWS ARTICLE:COVID 19 LEGAL OVERVIEW. CLAIM OF DEBTS AND UNPAID.
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.
Carlos Baño León debt collectors lawyers in Spain is a law firm specialized in this type of claims with activity throughout Spain.
We work with law firms from all over Europe and in association with and on a regular basis with debt collection specialist companies in the UK, Portugal, the Netherlands and Belgium.
For 38 years we have been providing an efficient commercial debt collection service and we encourage you to contact us for more information.
We offer an integral service to those who have a debt in Spain, from the study without costs of the documentation, to the judicial claim, and recovery of their money, and all this with very affordable prices for the client.
We work with a previous budget and with a contract of professional services, so that you have transparency, certainty and security of what you contract. If the extrajudicial managements don’t give result we guarantee the submission of the judicial claim in 48 hours from the moment we receive the documentation.We will keep you updated on the status of your case. We have been working throughout Spain for 38 years and our fees are very competitive.
With regard to debt recovery procedures in Spain, the Spanish law attributes the appropriate legal procedure based on the economic valuation of the debt, and it should be understood that for other types of claims there are other attribution criteria.
The judicial procedures called Ordinary Trial (Juicio Ordinario) and Oral Trial (Juicio Verbal) are the prototypes.
These trials are resolved before the Judge and will only require your presence in Spain on the day of the trial, if it is requested by the debtor, which normally does not occur for the obvious reason that it is going to be a very important testimony against him (the debtor).
The favorable judgment implies a sentence to pay the costs.
We want to highlight a procedure that the law contemplates as an alternative when it comes to debt collections in Spain and it is the Small Claims Procedure, in Spanish called Juicio Monitorio.
This procedure is used for the claim of a debt by submitting invoices or any similar document; consists of a requirement through the Court in which the defendant is given a period of 20 days to oppose or acquiesce. If the defendant does not answer or acquiesces, it is decided immediately that it is enforceable. If the defendant opposes, the processing of the applicable trial continues according to the amount, that is, either Ordinary Trial or Oral Trial.
As this Alicante Law Firm of Carlos Baño Leon has been able to verify, this procedure for claiming debts or outstanding payments in Spain gives very good results.
The only disadvantage of this type of judicial procedure is that there is no sentence to pay costs and for this reason our fees are very affordable, in order to make it easier for the client to choose this judicial procedure.
If this is a small inconvenience, nevertheless it has an advantage and that is that this judicial procedure is much faster than any other in its procedural processing.
It is important to say about this type of claim that initially was only contemplated for claims that did not exceed a certain amount, but the success demonstrated in practice by this judicial procedure convinced the law-making body to eliminate that limit, so that today it can be used for any debt claim regardless of its amount.
Our advice, however, is to use this procedure only for claims for debts up to a certain amount.
The percentage of positive results of this office with this type of legal claims is very high.
What else is important to know?
1.All legal proceedings initiated by a commercial company require the prior payment of a small court fee (Small claims procedure/Juicio Monitorio costs 100 €; if it is an Ordinary Trial/Juicio Ordinario, the judicial fee costs 300 euros; if it is an Oral Trial/Juicio Verbal 150 euros). If the judicial claim is from a natural person, there is no court fee payment.
- All legal proceedings (except for the Juicio Monitorio on many occasions) require the participation of a representative in the court which will be different from the lawyer and in Spain is called procurador and whose most important function is that the court will notify him all the actions of the legal proceedings as if they were made personally to the client.
Normally this professional is chosen by the lawyer although it is paid by the client.
This Spanish Law Firm in Alicante collaborates with solicitors all over Spain as a result of our judicial activity in courts throughout Spain getting very good prices for the client.
- The attribution of the ability to represent the client by the procurador must be done through a power of attorney, translated and apostilled unless it is done in Spain or in the Spanish Embassy abroad.
Spanish Lawyers of Carlos Baño León have multiple power of attorney texts with their translations that we will send you so that the only thing you have to do is take it to the notary’s office in your country and this always at the lowest possible cost for you.
- All the documentation submitted in a Spanish Court or Tribunal must be in Spanish and we, Law Firm of Alicante, have among our staff translators who will carry out the translations without cost for you, provided that, of course, there are not many documents to translate.
What can be claimed?
Law 3/2004 of 29 December on measures against defaulting establishes the imposition of higher interests than mere legal interests. Hence it is important when facing a commercial claim to calculate interest properly when demanding its enforcement.
Apart from the interests, what is also requested is the payment of the costs so that the client can see compensated the expenses that he or she has to face at the beginning.
It should be noted that some years ago in Spain was changed the period of time during which you could claim and now as a principle it should be known that the limitation period is 5 years. Therefore, given the shortness we advise the client to take the case seriously and put the claim in the hands of a law firm in order not to put at risk the recovery of the money for waiting or doubting about what to do. We would very pleased if you entrust this Law Firm of Carlos Baño León in Spain, specialist in debt collection, your case.
What if the debtor is in bankruptcy?
It is clear that this situation is not good so the only thing you can do is appear as a creditor waiting for a business agreement with creditors to delay the payment or to pay in certain periods and with total or partial cancellation of the debt or with reductions.
If no agreement is reached, the company will be liquidated and our experience as lawyers of Alicante experts in bankruptcy law is that in these cases the client will never recover anything.
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