Debt claim: steps to act within the legality

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The claim of debts is a sometimes complex process that you should know well so as not to waste time and more resources. In this article, we give you keys to make it as easy as possible.

Legal steps to claim debts in Spain

The collection of private debts is different from what is applied in the Administration. First of all, we have to make one point clear: if you can reach agreements the good way before the bad, do it. Why? Because the process of collecting a debt can take months, depending on the way and the amount. That said, and if there is no remedy through dialogue, there are some chronological steps to follow for the claim. They are these:

1. Record the debt

It is very important to make it clear that you can only collect overdue debts, in money and demonstrable. For this, the usual thing is that you have an invoice and / or the corresponding receipts or delivery notes; in the case of a supply or service contract, it could also be a proof. And if these are signed, better than better. In addition, that debt must have a clearly determined amount and an expiration date.

Debts can be of all kinds: a service that you have provided and that they have not given you, a merchandise that you have sold and that they have not paid you, a rent that they do not pay you. Beyond the nature of the debt, the important thing is that it is duly registered. And, from there, you can work in one way or another to get paid.

Once you have all the documentation, you can contact them unofficially verbally. If there is no remedy, the most appropriate alternative to record the debt and the intention to collect it is the burofax. In this way, you can demonstrate the intention to collect and seek a last unofficial agreement.

2. Try to reach an agreement

With the burofax, it is possible that an amicable agreement can be reached. If there is good faith on the part of the debtor, an installment payment contract or even a partial withdrawal can be made. We recommend that you calculate the costs of debt collection, not only monetary, but of time. Sometimes, it is a matter of lack of liquidity, and there is the possibility of an amicable collection.

The calculation of the opportunity cost of what you are going to charge in relation to time is essential. The truth is that it often compensates to charge less or charge in installments than to enter the entire judicial process.

3. Opt for the judicial route in its different variants

When, definitely, there are no possibilities of collecting amicably, it would touch the judicial process. There are different ways according to the amount and nature of the debt:

Civil manidory procedure

It is necessary that you have documentation that justifies the debt and that it is overdue. It is applied for debts of less than 250,000 euros and is the most often when the amount already has a certain importance. Here you have to request that protection through civil proceedings and, in principle, the participation of a lawyer and attorney would not be necessary. This is a procedure that for small debts is very cheap and that, for debts of more than 2,000 euros, continues to compensate.

Verbal or ordinary declaratory procedure

The declaratory procedure is another way to prove that there is a debt and recognise the right of collection. This point is central, given that, in some cases, the debt exists, but there are no official or recognised documents. In the event that the debt is less than 6,000 euros, a verbal judgement will be applied; if the amount is greater than 6,000 euros, we would move on to the ordinary judgement. It should be noted that this would apply to all types of debts, not just uncollected invoices.

In this case, we talk about proving the existence of the debt and, consequently, the right that is generated. It differs from the payment order procedure and the promissory procedure in that, in the other two cases, that is proven and is not called into question.

Exchange procedure

Not so usual, but it applies to checks, promissory notes and bills, which are duly accredited. Here the debtor has the obligation to cover that debt in a maximum of 20 business days. Civil jurisdiction also applies. Otherwise, an attachment of property will be applied until the amount due is covered.

Consequently...

Debt claim is a necessary step, but for that you need advice that helps you save money. At Asesoría Orihuela Costa we guide you about the main options that exist.