Claim of debts in case of non-payment
Debt claim in case of non-payment, not an easy task.
Claiming the payment of a debt contracted by a private or legal person in Spain is not an easy task, since the procedure to follow in Spain is more complex and slower than in the Netherlands. Therefore you can count on the professionalism of the lawyers of OTIS Advocaten specialized in this matter who will always make a fair estimate of both the costs and the chances of success.
In general you usually try to find a friendly solution, so, in order to claim the payment of a debt, you must first go to the out-of-court way. In those cases in which, once the out-of-court proceeding has been initiated, the amount claimed cannot be obtained or a response is not even received from the debtor, he will have no other option than to resort to the judicial path.
In Spain, the claim process begins by sending a ‘burofax’, which is an official letter addressed to the debtor, stating the existence of a debt and its consequent obligation to pay, granting a determined period of time for this purpose.
Currently the term to claim the payment of an invoice is five years (prescription term). By sending the burofax you will interrupt the prescription term, so the period (five years) to claim the payment of the debt will start again from the beginning.
If extrajudicial attempts do not lead to payment and the judicial route is chosen, the debtor party has three options: carry out the claimed payment; don’t carry it out and not make any statement; or oppose the claim.
Depending on what the debtor does, the judicial procedure will end, it will continue in a simplified way or in some occasions, it will lead to another more complex civil procedure.
For international debt claim procedures, you can count on OTIS Advocaten.