Debt collection and recovery

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One of the main activities of Carlos Baño lawyers of Alicante for many years has been managing judicial and extrajudicial debt collection in Spain that affects our clients who are not in Spain.

These debts in Spain are basically contracted by commercial operations and as well as a consequence of non commercial contractual operations such as: debts derived from unpaid loans, purchases, etc.

The action of this law firm in Spain is always focused on the debt collection in Spain having always as a priority, promptness and effectiveness so that from the first moment the foreign client feels totally confident as it is seen that his case is properly moving forward.

We work for SMEs and self-employed workers, although it is true that for the latter it is an activity that is part of a larger service contract.

Carlos Baño León is not a collection office for defaulting debtors or for unpaid. We are a law firm in Spain that provides full service in the areas of civil and commercial law that is where all cases of defaulting 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.

The approach we give to the client takes into account our vast experience in Courts, hence that our advice is of quality, informing from the beginning about how to outline and approach the cases of claims for unpaid so that the first acts that are carried out don’t have influence later the judicial action.

At the time of debt collection in Spain, we count with ample means for the inquiry regarding the economical capacity of the debtors and this knowledge will help us when deciding the different steps to always take in order to obtain the greatest economic savings to the client.

IF THE CLIENT DOES NOT COLLECT THE MONEY, WE DON’T GET PAID.

Lots of times, as a result of our friendly negotiations the debtors pay and then quickly the clients see their debt settle a record time. To this end, our lawyers make requests by all possible means in order to let the debtor know that the client is willing to act and this encourages them to pay in order to avoid the costs that a judicial action may have.

Our debt collection in Spain rates are very good and you only have to consult us, although normally we always charge depending on whether you collect the money in Spain at least in this stage.

IF THE DEBTOR DOES NOT PAY, WE ADVISE YOU THE SMALL CLAIM PROCEDURE IN SPAIN

Other Types Of Debt Claims

After claiming through friendly procedures, if the payment has not been obtained, we advise a very fast procedure, the Small Claim Procedure in Spain, known as Juicio Monitorio.

It is a judicial requirement, and our experience indicates that it usually has very positive results, on the condition that it is true that it is about claims, which are not of a high amount.

The only expense you will have to pay would be a court fee (not if the claimant is a natural person) and a very small amount of management costs; really minimal ones.

We confirm that these are very effective claims in Spain and the client will not have any inconvenience in ordering us to manage them quickly and with the only disadvantage of that small expense.

This procedure has no legal costs in Spain so that if the debtor pays the client is not rewarded for expenses.

This can be considered an inconvenience but in reality it is not if we attend to the costs of any judicial procedure and especially to its long judicial process that is very brief in this type of processes and that is why we always recommend it.

It must be taken into account, however, that not all debt claims in Spain can be considered through a small claim procedure, only when the debt is liquid, determined, due and payable, and can be proven by documents signed by the debtor or with his seal; as long as it is invoices, delivery notes, etc., and also in those cases in which identifiable documents can prove a previous relationship.

So when any of these cases concur, you can claim through this procedure of debt collection.

In fact, it could be said that a large part of the debts in Spain meet any of these requirements and if one of these requirements are met, we could act through this way.

Finally, we would like to say that if the debt derives from non-payment of expenses from a Community of Owners the procedure that the Law intends to claim this type is the small claim procedure, due to its promptness as we will never tire of saying.

IF THE DEBTOR DOES NOT PAY, WE DO NOT CHARGE YOU

We don’t charge if the debtor doesn’t pay. We charge fees if the debtor pays. Ask us! Our rates are competitive.

Outside of this type of debt claims remain those whose origin derives from a civil contract, commercial contract, etc. and that are not the result of an exchange operation of goods and services of market but dispositive and compulsory acts of people in the exercise of their freedom and capacity.

Neither can be claimed through this way the debt collection in Spain that proposes the enforcement of judgments obtained abroad or those embodied in a public deed or title to which the law gives enforceability, as for example it can be a mortgage loan, a check, etc.

ADVANTAGES OF DEBT COLLECTION OR UNPAIDS THROUGH THE SMALL CLAIMS PROCEDURE IN SPAIN

Our many years of experience make us advise preferably this procedure of debt collection, basically for four issues that we are going to explain hereunder:

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 an important amount, the debtor will pay for the simple reason that if he or she automatically opposes to the Court making allegations against the debt, immediately the procedure ceases to be Small Claim Procedure in Spain and becomes Ordinary or Verbal because the Judge before this case of opposition will give the possibility to the creditor to continue the debt claim through the Court and the corresponding procedure according to the amount and therefore the debtor will be sure that the trial will proceed, with what this risk of high costs payment entails.

A second advantage is the low and economic cost for the creditor that allows him, in our opinion, to safely claim judicially in Spain with complete calm and knowing the small economic cost that he puts at risk against what he can win. From our experience, this is a question that dissuades many people from claiming their defaulters or debtors for not facing more expenses. This is not the case with Carlos Baño León Lawyers.

A third advantage is that if the debtor opposes he will have to do it based on allegations that justify his right to oppose and this will give us the arguments in advance that he will use at the trial. So when the time comes, as much evidence as possible will be given to reject him. So, if the debtor opposes, he will have to tell us on what he is basing his disagreement, what is the reason, why he is opposing and this is will allow us to act forcefully with the evidence proving that he is not right.

Finally, the fourth advantage is that if the debtor does not pay or doesn’t represent himself in court, the judge will immediately proceed to seize his goods. This means that, if a debtor find himself in a Small Claims Procedure in Spain has to think very seriously about the consequences because whatever the behaviors he adopts, the consequences can be seriously and expensive.

OTHER TYPES OF DEBT CLAIMS

Other Types Of Debt Claims

Under this heading we include all those debts derived from relations between parties and which are not of a commercial or mercantile nature.

So the following, among many others:

  • Debts derived from purchase contracts
  • Debts derived from loan contracts
  • Debts derived from leasing
  • Debts derived from Community Expenses
  • Debts derived from leases of services
  • Debts derived from construction works contracts

And so on until completing a long list of cases where the legal claim of amount for default of the compulsory payment.

Before proceeding, we study the case, for this reason we always ask the client to send us the documents on which his right is based, for its study, and once this is done, we proceed to obtain information about the debtor’s solvency, and all these reports we do it without cost for the client.

Usually, this type of debts cannot be claimed through the Small claim procedure, and they must be processed through the declarative procedures either the Ordinary or the Verbal according to the amount.

The Law also allows the claim of rents derived from the lease contract through a special procedure of Eviction due to non-payment, along with the launch claim.

We do not want to end this article without mentioning two relevant issues, one of which is that if the client that is going to claim is a mercantile society, he will have to pay a legal fee, whose amount varies according to the type of procedure.

So if it is a small claim procedure it will cost 100 €; if it is ordinary trial it will cost 300 euros; if it is verbal trial, 150 euros.

The second issue that is also relevant is that in Spain the resource to the legal process requires the figure of a professional, know as the ‘procurador’ (except in the Small Claim Proceedings and in the Oral Trial of less than 2000 €) that represents people whether they are individuals or commercial companies and this professional is the attorney who earns a small amount according to Law.

We work throughout Spain with very low costs, both ours costs and those of our attorneys, and we invite you to ask for a budget.

 

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