Debt Recovery & Collection in Spain
Recovery of claims of all kinds and amounts
Are you struggling to recover unpaid debts in Spain? Our team can help.
Don’t let unpaid debts in Spain drag your business down – let us handle the recovery process for you. With our expert knowledge of Spanish debt recovery laws, we can quickly and efficiently recover the money you’re owed.
Contact us today to learn more about our debt recovery services in Spain and how we can help your business.
To request a free consultation case, please provide us with your contact details below and we will contact you via email or phone.
How can our lawyers help you?
Collecting a debt in Spain without legal help is a time-consuming, stressful and frustrating process. We have a high success rate in out-of-court recoveries and are prepared to litigate for the most complicated debtors.
Our personalized approach to debt recovery in Spain ensures that you get the best possible outcome.
What Our Clients Are Saying
Trust our proven track record of successful debt recovery in Spain to help you get the money you’re owed.
Debtors slow down the entrepreneur's activity (and in the worst cases this can lead to a fatal outcome for the company if one does not take care of it).
Your day-to-day business should be your focus, not chasing debtors. Lexidy can help you collect debt in Spain and reclaim the money you are owed – efficiently, legally, and conveniently.
How Does a Lawyer Collect Debt?
- Extrajudicial Procedure: Letter of Demand
As the first step in the debt collection in Spain process, our lawyers will address a Letter of Demand to the debtor. Before starting a judicial procedure we will try to resolve the debt in this amicable matter. Should the subsequent negotiations be successful then the debt collection process ends here – without the need to start a judicial process. We also take care of preparing all kind of agreements and payment schedules for the debtor if this is in the interest of our client
- Judicial Procedures
If extrajudicial procedures are not successful it may be advisable to pursue legal proceedings. Before doing this, it’s important for Lexidy to determine the solvency of the debtor. If the debtor does not have any assets then it may not be worth going ahead even though a favourable court order may be obtained. There are different ways to proceed depending on the type, amount, and nature of the debt:
Standard procedures: where the court issues a compelling order for the debt collection in Spain to be paid. Following this, there are various legal routes depending on the amount owed (greater or less than €6,000) and if the order is opposed.
Special procedures: these are used in the event that the debt is recognized or documented in an agreement or legal instrument.
Lastly, the creditor may also request the debtor’s bankruptcy.
Our debt collection in Spain services is carried out according to the official legal framework for the recovery of financial debts in Spain – as set out in the Law of Civil Procedure No. 1/2000, of 7 January (“Ley 1/2000, de 7 de Enero, de Enjuiciamiento Civil”).
What's the Process for Debt collection?
- Request the payment and a non-extendable deadline
- If the debtor answers and refuses to pay or partially pays, Lexidy attempts a negotiated solution to avoid going to court.
- In the event that the debtor does not pay, we will have to initiate legal action through the appropriate type of lawsuit.
- In order to act on behalf of the client, we as lawyers will need a general power of attorney for litigation. We will prepare it for the client and help him/her with this task.
We will coordinate with the client to obtain all the evidence we need for the legal proceedings. We will attend all the necessary hearings and also the trial until a firm sentence is obtained.
We will also make sure that the appropriate steps are taken to include the lawyer’s and attorney’s fees so that 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 to satisfy our client’s claim.
Frequently Asked Questions
Mediation 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.
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.
Of course, there are companies and investment funds that acquire all kinds of credits, both secured and unsecured. The most attractive in the Spanish market, especially for investment funds, are those loans secured by mortgages
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.
Mediation does not force the parties to reach an agreement, nor does it impose an agreement, in an attempt to prevent the weaker party from being forced to sign or accept conditions that he or she considers unfair or contrary to his or her interests and rights. Successful mediation will of course lead to a mutually satisfactory agreement.
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 (which is an enforceable judicial title). 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.