How to collect a debt in Spain in 5 steps with spanish attorneys

If you have to claim a debt from a company in Spain, we’ll explain how you can recover the money that the debtor owes you and refuses to pay in a 5 step process.

In order to go to litigation in Spain and be successful in your claim, it’s a good idea to seek the help of attorneys who specialize in managing debt collections.

How to collect a debt step by step:

BEFORE STARTING THE PROCESS.- Granting power of attorney to our law firm.

If you are located outside of Spain and want to claim a debt, you will need to grant power of attorney to our lawyers. We will make this power as broad as possible so that you can litigate anywhere in Spain, thus empowering us to collect the debt on your behalf. Furthermore, the power of attorney document must include a sworn translation and it must have an apostille affixed to it.

Don’t worry. We can help you with all these processes.

STEP 1 – Required documentation:

The first thing that we need in order to collect your money is for you to give us all the documents that confirm the debt: invoices, delivery notes, certifications, emails, registered faxes, etc.

Once we have received the documents, our specialized attorneys will analyze the viability of the claim, as we need to ensure that the debt being claimed is payable and enforceable. In other words, we need to make sure that we can now claim the payment as the voluntary payment deadline has passed and we can proceed to demand repayment.

If the debt has been time-barred or is not well documented, the process is unlikely to be successful.

STEP 2 – Out-of-court claim against a debtor. 

This is perhaps one of the most complex steps, but it is the best way to collect a debt.

In this step we have to take psychological factors into account. Here, our aim is to show: 1) That you are committed to claiming the debt in Spain. 2) That you are represented by a renowned law firm to solve the matter out of court or through litigation. Hence the importance of the claim letter by registered fax.

This entire negotiation period prior to any legal proceedings to collect a debt is known as the out-of-court settlement stage or the amicable method. Our experience in this stage allows us to recognize ahead of time the debtor’s intention or willingness regarding their obligation to repay the debt to our client. We will accredit everything via a registered fax.

The out-of-court method to collect a debt can be used even in cases in which a lawsuit has already been filed. If the debtor repays the debt, the court must be informed of the payment.

STEP 3 – Report on the debtor’s situation.

Prior to initiating any court proceedings for debt collection, our law firm requests the reports required to understand the debtor’s actual situation (insolvency, existence of creditors such as the Spanish Tax Agency, Social Security, banks, etc.)

This allows us to evaluate each case and to save on unnecessary costs in cases in which the debt is unlikely to be collected

STEP 4 – Settlement proceedings prior to the lawsuit.

Civil settlement proceedings are not required but they are worth considering in order to reach an agreement and thus avoid legal debt collection proceedings. However, in practice few cases have favorable outcomes, and it only delays how long the legal process will take.

STEP 5 – Legal procedure to collect a debt.

Filing a lawsuit (payment order procedure, oral proceedings, civil proceedings, collection proceedings) will depend on several factors: legal standing, whether the claimant is a natural or legal person, and the amount being claimed, among others.

Companies need to pay the court fees when the amount claimed is over 2,000 euro.

The objective of the court hearing is to clarify, through evidence, whether or not the debt being claimed is payable.

Mistakes that that must be avoided when collecting a debt

When handling a debt collection, there are also a series of mistakes that you must avoid:

• Do not harass your debtors. Do not call your debtors insistently or pursue them. We also advise against using a debt collection company to do this.
• Do not insult your debtors. You should never insult or threaten and you must absolutely avoid physical confrontation with debtors, as this will not solve the problem, and it could cause other issues than could be even more severe.
• Do not file a lawsuit without sufficient evidence. As we have repeated throughout the post, it is essential to seek help from an attorney to study the viability of the case.
• Do not give up at the first obstacle. If your debt is proven to exist and is not time-barred, it is important to continue with your claim.

In short, it is essential to employ methods to avoid having to collect debts. However, if there are debts, it is important to follow up in order to collect them, leaving legal recourse as a last resort.

If you have any doubts, don’t hesitate to contact our law firm to collect any debt that is owed to you. We’ll be happy to help you.