Claims in Barcelona

Claims for non-payment 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 for claiming a debt, it must meet certain conditions. Specifically, four basic conditions must be met: it must be a liquid, due, payable, and certain monetary debt.

If you need to collect a debt, you have two main options: out-of-court settlements and legal action. In both cases, the help of a lawyer specializing in debt collection will be invaluable.

To recover a debt without going to court , you need the help of a lawyer specializing in debt collection. This specialist will carry out the necessary procedures to recover the debt out of court.

In this case, the process involves attempting to collect the debt by sending a written payment demand signed by a lawyer. In this document , the lawyer will inform the debtor of the amount owed and the payment deadline.

To pursue an out-of-court claim, you will need the assistance of a specialist lawyer, such as those at Vosseler Abogados. You will also need to provide documentation proving the existence of the debt.

Some of these documents may include invoices, delivery notes, financial expenses, returned promissory notes, etc. 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 individuals and business owners are required to issue invoices for every service they provide. However, sometimes they may not have one. In that case, while collecting the debt will be more complicated, it doesn't mean you can't claim it.

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 a debtor fails to pay, it is highly advisable to have written guarantees of the debt's existence. Therefore, at Vosseler Abogados, we recommend that you always draw up a written document clearly outlining the terms of the loan you are making.

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 statute of limitations for a debt was 15 years. However, the Civil Code has changed in this regard. Currently, the Civil Code establishes that debts expire 5 years after being incurred.

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.

Going through the courts involves a series of costs that need to be considered. Often, the debtor only pays their debt once they receive a formal demand letter 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 debtor is notified that you have filed a lawsuit against them due to the debt they owe you. From that point, the debtor has 20 days to take 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 amounts to claim a debt through a summary judgment procedure.

To claim a debt through a summary judgment procedure, the debt must be due . In addition, the debt must be clearly defined, monetary, and enforceable. For this last requirement, documentation proving the existence of the debt will be necessary.

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, you will need all the necessary documentation to prove the debt. You will also need the assistance of a civil lawyer specializing in debt collection, such as those 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, option is for the debtor to pay what they owe within that timeframe. To do this, the debtor must go to the court that sent the demand and pay the debt.

The second option is for the debtor to contest the claim. In this case, the debtor submits a written statement to the court declaring that they do not owe that amount, or simply that they have no debt with the creditor making the claim. In this case, the proceedings become either oral (if the amount is less than €6000) or ordinary (if it is more than €6000).

The last option is that the debtor doesn't even appear in court. In that case, the process will end after 20 days and the assets will be seized; that is, the enforcement proceedings will begin.

The court that will handle the lawsuit will be the Civil Court of First Instance, and normally it will have to be the one belonging to the debtor's domicile, or the place where he can be found.

It's not always easy to locate someone who owes you money. This is even more common in the case of businesses, which often have clients without knowing exactly where they live.

In these cases, the Judicial Neutral Point can be contacted to search for other addresses where the debtor may reside. Finally, if this fails, the debtor may be considered notified through 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 carrying out these types of actions, it is always advisable to be advised and guided by a lawyer specializing in debt collection lawsuits.

Whether the claim is judicial or extrajudicial, you will need the help of a lawyer.

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