Debt collection in Spain
Our Spanish debt collector helps to recover claims of all kinds and amounts in the shortest time possible.
Debts slow down the entrepreneur's activity. In the worst cases, this can lead to a fatal outcome for the company if one does not take care of it.
Win Guaranteed with help of our experts.
What is Debt Collection?
Debt collection service aims to recover a credit of any kind or amount provided it is overdue, liquid and enforceable.
How a lawyer collects a debt?
1. Extrajudicial Procedure: Letter of Demand
As the first step, our lawyers will address a Letter of Demand to the debtor. Before starting a judicial procedure our lawyer will try to resolve the debt in a friendly matter. If the negotiations are successful then the debt collection process ends here. It works without the need to start a judicial process. We also take care of preparing all kind of agreements. Besides, if this is in the interest of our client we schedule a payment for the debtor.
- Judicial Procedures
If extrajudicial procedures are not successful it is advisable to continue with legal proceedings. Before doing this, it’s important for Lexidy to determine the solvency of the debtor. There are different ways to proceed depending on the type, amount, and nature of the debt:
In standard procedures, the court issues an order for the debt collection in Spain to be paid. There are several legal routes depending on the amount owed (greater or less than €6,000) and if the order is opposed.
HOW CAN A LAWYER HELP ME?
Our debt collector knows the precise steps that need to take to be used when recovering the debt. Our experience facilitates reaching an agreement that help to avoid litigation and any additional costs.
Lexidy’s debt collectors know how to initiate the legal proceedings effectively. In the case of “complicated” or “recalcitrant” debtors, our lawyer in Spain will know how to find assets that can be seized and liquidated so that the debt is fully satisfied.
Process of Debt Recovery
- Request for payment from a debtor.
- Our debt collector will try to reach a negotiation.
- If a debtor does not pay, we will initiate legal action through a lawsuit.
- We prepare a power of attorney to work on behalf of the client.
- The lawyer will obtain all the evidence for the legal proceedings.
- Lawyer attends all hearings and the trial until a firm sentence is obtained.
- We will make sure that the appropriate steps are taken to include the lawyer’s and attorney’s fees. So, the court makes an assessment of costs and the debtor pays these costs.
- If the debtor does not pay, we will enforce the judgment and request the seizure of the debtor’s assets.
- You receive payment for debt recovery.
Debt Collection specilaists in Spain
Head of Litigation Department
Antonio Torres Valdés
Debt collection assisted
Clients assisted in 2020
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Lexidy Law Boutique is a modern, dynamic, and innovative law firm. We always put customers at the center of our work. Our team is committed to providing a client with an exceptional experience. Our expertise in Sapin and Portugal allows us to solve complex problems thoroughly and cut all the risks before they may happen.
Frequently Asked Questions
1. What are alternatives to debt collection?
Mediation is an alternative system of conflict resolution, extrajudicial, confidential and voluntary. In mediation the parties enter into a dialogue to reach a common agreement. Professional mediator is required in this cae.
In the case of an unpaid invoice between companies, the term will be 5 years to claim payment from the date of issue. In the case of goods purchased by a consumer, the time limit is 3 years.
No, only if someone is a guarantor for another company/individual should they be liable on their behalf.
It is an alternative system of conflict resolution, extrajudicial, confidential and voluntary, in which the parties enter into a dialogue to reach a common agreement that puts an end to the dispute. The intervention of an impartial and neutral third party, the mediator, is required.
6. How do you win a debt collection lawsuit?
When we file a lawsuit, the debtor may choose not to oppose and pay the amount in full or in part. Otherwise, we will have to wait for the judgment. If there are errors in the judgment, clarification or appeal can be requested. Only the final judgment is enforceable. If having won a trial, the debtor does not pay, we can execute the judgment and request that a seizure be made on his assets.
If a company or individual does not voluntarily pay a debt, we lawyers take care of filing a lawsuit and obtaining a judicial title (the judgment). This title entitles us to seize the debtor’s assets in order to satisfy the debt.
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firstname.lastname@example.org | +34 938 074 056
Avinguda Diagonal, 442, 3º 1ª, 08037
Calle Villalar 7, Bajo Izquierda, 28001
Rua Joaquim António de Aguiar n.º 43, RC Esq, 1070-150