Menu
In Barbeito Abogados, we offer a special service for companies or professionals to recover their unpaid credits.
The businessman or professional, should know that once the non-payment has occurred, it is essential to act quickly, and this is so for two transcendental reasons:
1) The prescription periods (which were drastically reduced by Law 42/2015 of October 5), and.
2) The possible supervening insolvency of the debtor.
What do we propose from Barbeito Abogados to help you recover your money?
Our experience in the field of debt claims has allowed us to outline a progressive or staggered legal method tending to recover the unpaid amounts. This method consists, generically, of the following steps:
Feasibility analysis. Like you, we also don't like to waste our time and efforts. Therefore, depending on the documentation that you have and other circumstances such as the solvency of the debtor, the duration of the debt, the activity and location of the debtor, etc., we will tell you with complete frankness if it makes sense to start the claim process. or if, on the contrary, the most sensible thing is not to pursue a bad debt that will only make us and you waste time and money.
Extrajudicial Claim. When a conflict “can” be resolved outside of the Courts, we understand that it “must” be resolved outside of them. With this objective we carry out various extrajudicial actions in order to achieve an amicable payment. These actions include: telephone calls, appointments for personal interviews at the Office and sending of Burofax with a summons. All of them, carried out not by a “tail collector” but by a lawyer capable of dragging the debtor to court.
Judicial claim. If and only if the debt claim is viable, once the possibilities of an amicable agreement have been exhausted, we activate our protocol of judicial actions, and what judicial avenues will be activated to recover the debt and its interests?
Monitoring Process. It is a judicial procedure that allows what we technically call "privileged protection of documented credit" (invoices, delivery notes, etc.) and is characterized by its speed and effectiveness in the absence of a response from the debtor, in which case an Executive Title will be obtained and Execution will be dispatched by seizing and seizing the debtor's assets up to the final amount of the debt.
Exchange Judgment. If your credit is documented in Bills of Exchange, Checks or Promissory Notes, the exchange judgment allows you to convert that instrument into a tool to execute the amounts recorded therein.
Verbal judgment. In cases in which the Monitoring Process has been opposed by the debtor, and provided that the debt is less than €6,000, the Verbal Trial will determine the procedural path to achieve the recovery of the money owed.
Ordinary Trial. If within the framework of the Monitoring Process there was opposition from the debtor and the amount of the debt exceeds €15,000, the Ordinary Trial will be the path that must be followed to achieve payment of the debt.
