Claims in Barcelona

Claims for non-payments or debts are actions carried out to collect a debt or credit that has arisen from a commercial or contractual relationship. 

For example, if you have a business and a client has not made payments, you can file a claim because there is a non-payment after a business relationship.

In another case, if in your community of neighbors there is an owner who does not meet the community payments, there is no commercial relationship to claim the debt, but there is a contractual relationship because there is a contract that obliges him to make those payments.

To have a legal basis to be able to claim a debt, it is necessary that it meets a series of conditions. Specifically, they must four basic conditions must be met: It must be a liquid, demandable, expired and determined monetary debt.

If you have to claim a debt, you have two main ways to do so. The extrajudicial and judicial means. In both options, the help of a lawyer specializing in debt claims will be very useful.

To claim a debt without having to go to court in the first instance, the help of a lawyer specializing in debt claims is necessary. This specialist will carry out the necessary procedure to claim the debt extrajudicially.

In this case, it is about trying to collect the debt by sending a written payment request signed by the lawyer. In this written document, the lawyer will inform the debtor of the amount he owes and what period of time he has to pay it.

In order to carry out an extrajudicial claim, you will need the help of a specialist lawyer, such as those who work in Vosseler Lawyers. In addition, it will be necessary to have a series of documents that prove the existence of the debt.

Some of these documents may be invoices, delivery notes, financial expenses, promissory notes that have been returned,... In short, all documents that certify the existence of said debt.

To claim a debt through judicial means, it is necessary that you have as much documentation as possible that certifies the existence of the debt. If you have invoices, delivery notes, returned promissory notes... or any document that proves the debt.

Self-employed people and entrepreneurs must issue invoices every time they perform their services. However, sometimes it may be the case that it is not available. In that case, although claiming the debt will be more complicated, this It doesn't mean you can't complain. 

It is possible that you can go to court with the help of one of our lawyers even if you do not have an invoice to prove the existing debt.

Sometimes, the situation arises of having to lend money to a family member or friend. Many times, out of embarrassment, the lender does not talk about establishing a written contract with the conditions of said loan.

However, when it happens that the debtor does not pay, it is highly advisable to have written guarantees of the existence of the debt. For this reason, at Vosseler Abogados we recommend that you always make a written document that clarifies the conditions of the loan you are going to make.

This way you are not only covered in the event of a non-payment, but you are also covered in the event of a misunderstanding with your family member or friend, and you will be able to avoid tension or losing a relationship.

Previously, the period it took for a debt to expire was 15 years. However, the Civil Code has undergone a change in this regard. Currently, the Civil Code establishes that Debts expire 5 years after being contracted. 

Therefore, if you have an unpaid invoice from a client, or if there is a defaulter in your neighborhood community, it is extremely important to go to a lawyer specializing in debt claims as soon as possible.

In this way, you will be able to prevent the statute of limitations from being reached, since after 5 years you will not be able to do anything to claim.

Although it may seem that going directly to court to claim a debt could be the fastest, since it means skipping the previous step of requesting a request from the lawyer, this does not mean that it is the best.

The judicial process entails a series of costs that must be assessed. Many times, the defaulter pays his debt once he receives the requirement by burofax from a lawyer.

Therefore, to avoid incurring unnecessary expenses, it is always advisable to exhaust the extrajudicial means before proceeding to the judicial process.

A monitoring trial is a judicial procedure that is very fast and effective. It is carried out to collect debts and its operation is very simple:

The defaulter is notified that you have filed a lawsuit against him due to the debt he owes you. From there, The debtor has a period of 20 days to take any action, such as paying the debt.

If after 20 days the debtor has not paid the debt or offered the judge compelling reasons for doing so, the assets or amounts intended for collection are seized.

There are no minimum or maximum quantities to carry out the claim of a debt through a monitoring trial.

In order to claim a debt through a monitory trial, it is necessary that the debt be overdue. In addition to that, the debt must be determined, be monetary and be enforceable. For this last requirement, it will be necessary to have documentation that proves the existence of the debt.

Any person, or company, that needs to collect payment of a liquid, enforceable, expired and determined monetary debt can initiate the monitoring trial process.

To do this, it is necessary that you have all the necessary documentation to prove the debt. It will also be necessary to collaboration of a civil lawyer specialized in debt claims like the ones you can find at Vosseler Abogados.

When the 20-day period that follows the monitoring trial begins, three different situations can arise.

The first and, of course, the simplest and most desirable is that The defaulter pays what he owes within that period. To do this, the defaulter must go to the Court that sent the request and pay the debt.

The second is that the debtor opposes the claim. In this case, the debtor presents a written document to the court in which he expresses that he does not owe that amount, or directly that he does not have a debt with the creditor who sues him. In this case, the process becomes a verbal procedure (if it is less than €6000) or ordinary (if it is more than €6000).

The last option is that The debtor does not even appear in court. In that case, the process will have ended after 20 days and the assets will be seized, that is, the executive route.

The court that will be in charge of carrying out the claim will be the Civil court, of 1st Instance, and normally it will have to be the belonging to the domicile of the debtor, or to the place where it can be found.

It is not always easy to locate someone who has incurred a debt with you. This is even more common in the case of companies, which often have clients without knowing exactly where they reside.

In these cases, you can go to the Judicial Neutral Point to search for other addresses where the debtor may reside. Finally, if this does not work, the defaulter may be notified by other methods.

The help of a civil lawyer in these cases is very useful, because he will know how to guide you in the steps you must take, or even take them for you.

When these types of actions are carried out, it is always advisable to be advised and supported by a lawyer specializing in debt claims trials.

Whether the claim is judicial or extrajudicial, it will be You need to have the help of a lawyer. 

If you need a lawyer specializing in debt claims, you can count on Vosseler.