In Espacio Legal | Law & Tax we are aware of the problems produced by defaulters, both to individuals and professionals and entrepreneurs who have to deal with unpaid bills, unpaid contracts, trade debts, unpaid damages, loans not returned, community fees, etc.
Our firm specializes in debt collection. We carry out the entire process of managing and recovering defaults, including the so-called bad debt records.
The method our office follows to claim applies the following process: first, we determine the debt is not overdue, then we carry out a feasibility study of the claim, and finally we put in place the appropriate legal procedures to execute it.
It is essential to prove the legitimacy of the debt and determine the deadline for claiming it. In the case of requirements of a commercial nature, the limitation period extends up to 15 years from the date of the invoice due date.
Once the viability of the claim is determined, we study the best way to carry it out. It can be extrajudicial, by means of a friendly claim to the defaulter or to the companies’ administrators, that often are the subsidiaries culprits; or by judicial means. In this case, the professionals of Espacio Legal, directed by the lawyer Marcelino Tamargo Menéndez, legally assess the process, analyse its viability and choose the appropriate procedure (payment order, debt collection suit, ordinary or verbal procedure, etc.).
Contact our law firm in Gijón (Asturias), Madrid or Barcelona and our expert lawyers will answer your questions.
CLAIM OF DEFAULTS
Having a specialized legal advice like the one that we offer in Espacio Legal saves time and unnecessary expenses, and grants as well a greater effectiveness in the claiming of the debt. A legal advisor from our team of experts is responsible for narrowing the claim in the most appropriate way for the interests of our clients.
- Extrajudicial collection: It is a matter of achieving a friendly and out-of-court settlement through a collection request with the signature of our lawyers detailing the amount owed, once the legitimacy of the debt, as well as the deadline for its repayment are verified. Sometimes, with this requirement, the debt is not fully collected, but a partial collection and the commitment from the debtor with a payment schedule to repay the debt can be obtained. This is a good solution in cases of liquidity problems of the debtor, since the judicial procedure is slower and involves additional expenses, such as the payment of court fees or representation expenses (solicitor, lawyer, etc.). Espacio Legal is responsible for the client representation, and for defending their property interests as well as documenting the recognition of the debt and obtaining a payment agreement.
- Judicial collection: This procedure requires a prior economic and legal assessment of the viability of the judicial claim. This is handled by our legal department, which will also determine the most appropriate judicial procedure for each case (payment order, debt collection suit, ordinary or verbal procedure, etc.).
Debt collection suit: actions for non-payment of checks, promissory notes, etc.
Payment order: The payment order trial is the most efficient and fastest weapon available to the creditor to claim and collect their debts judicially. By this mean, you can claim from 1€ up to 250,000€. This tool is a lot CHEAPER and FASTER than Ordinary Justice
Ordinary Trial: In Espacio Legal we are aware of the time and effort involved in an ordinary procedure, so once the documentation is requested, we handle the representation of the client, avoiding any kind of discomfort.
In the event that the debtor does not comply with the favourable judgment, his/her property will be seized in order to cope with the debt, the interest generated by it and the cost of legal proceedings.