Whenever you do business with companies at home or abroad, there is always the risk that your customer does not pay. Your customers in Spain are not different. Due to the economic situation in many countries, the ratings for non-payment have risen tremendously.
If you are faced with this situation, we can assist you! De Micco & Friends Lawyers are experts in debt recovery in Spain and all Europe from any company or individual.
Debt collection by lawyers
Many debtors, companies as well as individuals, don't act or react before a law firm is involved. As lawyers in the most cases we find a solution with the debtor (payment, settlement, payment agreement...) after the first contact. If the legal background is clear, usually the debtor agrees also to take the costs of the debt collection process in a mutual agreement.
The first step is to contact us and provide us with all the relevant information about the debt you wish to collect. We shall then be able to ascertain whether or not your case complies with the legal requirements established by Spanish Courts in order to claim a debt. Then we will check the debtor’s solvency in order to establish your chances of collecting your debt. Should the debtor be a company, we would also check the administrator’s solvency. Once the outcome has been studied and the viability of a legal claim has been verified, we would start all the necessary legal procedures.
In about 90 % of all cases (where the debtor has liquidity) we get a fast payment or a payment agreement with the debtor.
The debt collection services
The following services are included:
- Analysis of civil and criminal aspects in the case
- Research about debtor
- Conception of a payment settlement
- Negotiating and closing a payment agreement in the name of the client
- Receiving and managing all payments of debtor as trust/escrow
- Conception and placement of claims against the debtor at the local courts
- Managing and execution of foreclosures
For all extrajudicial services we offer a fix fee plus a success fee. The fees depend by the complexity and the volume of the debt starting with 2,000.00 Euros. The success fee is between 5 and 15%. Please ask for your quote by using our enquiry form for debt collection cases. All fees have to be paid by the client but will be charged to the debtor.
The legal procedures
Methods used for recovering a debt from a debtor residing in Spain
Once our debt recovery lawyer has valued the situation, the most common methods for recovering a debt are:
1. Requesting the payment through a letter or Burofax (certified letter that can be used as evidence in Court). Your lawyer will send a letter demanding payment within a certain date. This letter will be a formal payment request. The debtor will also be informed that if he/she fails to pay, legal action will take place. Normally, receiving this letter encourages the debtor to pay in order to avoid having legal problems. It will be more effective if a lawyer sends this letter; the debtor will understand that you are serious about recovering the debt. If the debtor answers to this letter, your lawyer could negotiate the repayment in order to avoid going into Court. It is always better to solve this type of cases out of Court because it will save you time and money.
2. Requesting the payment through Court If the debtor ignores your payment request then you should file a debt recovery claim in Court. There are three types of claims to be filed:
1. Small Debts Proceeding (Proceso Monitorio)
This type of action is for recovering monetary debts due to invoices which have not been paid (or other type of business document issued normally by the creditor as telegram, telefax or dispatch note), also when there is a debt that can be proven with documents signed or stamped by the debtor. Once the claim has been admitted, the Court will serve the debtor and will give a 20 working-days term to pay or to appear to Court stating the reasons for not paying. If the debtor doesn’t pay or doesn’t appear, the creditor will be able to request the enforcement order. If the debtor appears to Court and objects to the claim, the Judge will change the type of case to Declaratory Action (Juicio Verbal ) if the debt is under 6,000 € or to Ordinary Action (Juicio Ordinario) if the debt is more than 6,000 €.
2. Small Debts Proceeding involving negotiable instruments (Juicio Cambiario)
This type of action is similar to a Juicio Monitorio, but the debt has to be acknowledged by a bill of exchange, promissory note or cheque. After presenting the claim, the Judge will order to pay the debt within 10 days and will order the precautionary seizure (embargo preventivo) on the debtor’s assets in the event that the debtor doesn’t attend. The precautionary seizure order will include the debt amount plus interests plus court costs just in case the debtor doesn’t pay. The debtor can oppose to the action in the 10 days term. If he doesn’t oppose, the seizure will be definitive and the Judge will enforce the order.
3. Declaratory Action (Juicio Verbal)
This type of action is for debts up to 6,000 €. This action is fast and after receiving the debtor’s appearance to Court, the Judge will set a hearing for solving the case according to the oral declarations of the parties.
4. Ordinary Action (Juicio Ordinario)
This type of action is for debts more then 6,000 €. After receiving the debtor’s appearance and objection to the claim, the Judge will set a pre-trial hearing for presenting evidence and trying to reach an agreement. If no agreement is reached, the Judge will set a date for a trial. After the trial, the judge will give the judgment.
5. Bankruptcy proceeding (Concurso de Acreedores) If the debtorhas gone into bankruptcy and has many creditors (acreederores) the debtor will declare a "Concurso de Acreedores". The creditors will have to agree on the seizure and split the defendant’s assets to recover their debts which is a complex process.
The enquiry form for debt collection cases you can find here. Please send the enquiry form by eMail to
We will come back to you with an offer within 24 hours..