Debt recovery in Spain is an important issue right now, perhaps now more than ever. It is clear that a big economic recession is coming. If you are owed money by an individual or a legal entity, now is the time to claim that debt. It is important to act as soon as possible. Otherwise not only could time limitation cause a problem but also the company or individual may not have the assets to pay you.
With so much else going on at the moment, it may seem the last thing on your mind is to start action against someone or a company for monies owed. Or you are trying to be generous and give them more time. Our message is it may be best to not be too generous. It may be more important to act now to start to recover the debt. If someone does not have any money left you will not get paid.
We should be able to prove the existence of the debt. It is far easier for the claim if there is some written proof or even a transfer through a bank account. A contract is ideal, but emails, whatsapps and other paperwork is important. A verbal commitment sometimes can be claimed as long as it can be proved in another way.
Time limitations vary for the type of case, but usually they are between 3 and 5 years that you can go back to claim. However, it takes time to get a case into Court and the earlier you start your claim, especially with the way things are looking economically, the quicker and more likely you will get repaid.
Not necessarily. Our first step is to send a legal letter to the debtor and threaten to take further action, which would cost them more if it goes through Court. Often that first letter does the trick and the debtor is intimidated into paying.
This depends on the area and the particular Court and how busy they are. Currently during the State of Alarm Courts are closed, There will be a backlog, so it is difficult to say. However, the sooner we start the better.
Yes, we can do a check of assets before taking the case to Court. Of course that is a current snapshot, but generally it is a good indicator. Also of how
someone might weather this particular crisis and recession looming. Once a case has been won, we can execute the Judgement and repossess assets.
It is also possible to execute a Judgement in another country and repossess assets there. Or the opposite, where a case has been won in another country such as the UK, we can assist with claiming assets in Spain on the back of that Judgement, say for example they have a Spanish holiday home.
Please contact us if we can help with recovering debts in Spain.