There is quite a list of remedies on the market to claim a debt according to Spanish law. Some of these are legal and others “go against the law in Spain”. For obvious reasons, we will not analyse the latter ones. It would be foolish to recover a debt in such way. Or only a “criminal” would want to recover a debt by using illegal manners. The other ways to pursue your debt claim have the following in common: like all rivers flow to the sea, all debt claim procedures tend to end up in a legal court case in Spain.
Drawing up an good contract
In order to avoid this, it is vital to be conscious and to assume that a debt claim procedure actually starts with drawing up a good contract in the first place and to adopt the adequate guarantees at that time. It is therefore necessary to seek the best legal advice. But let’s face it, we mostly think we can control the situation ourselves and discard legal advice. But your decision to listen to your own advices or to receive advice from a family member, friend or through the Internet, may save you some money for the time being but may prove to be more expensive in the long run. Contact therefore the Spanish lawyers of this multi-lingual law firm in Spain who speak your own language.
Do not hesitate to contact us in the event you need to recover in debt in Spain. Our firm is expert in Spanish Debt Recoveries.
Professional legal advice
It is important to explain that it will be cheaper to get good advice from our English-speaking lawyers from the very beginning when drawing up an adequate contract in Spain than to pop up at the lawyer’s office when it’s too late and they must defend you in the courts. An adequately negotiated contract with the appropriate guarantees can in many cases avoid having to go to court.
In the end, contractual obligations have not been complied with? And the debt has not been paid off? Then we will see ourselves obliged to get into the “extracontractual stage”. In this stage, the parties will try to reach an agreement in which the creditor may collect his debt under the best conditions possible. This stage must be carried out by experienced experts who are up to date in this applicable area of law and have proven skills in negotiation techniques.
Possibly, concessions will have to be made on certain items to recover as much as possible of the debt. An adequate assessment of the possibilities and limitations of the debtor is in this aspect of major importance. Although many of the criteria to be used are based on criteria of “objective-rational” nature, we must not forget the “subjective-emotional” ones. To get the advice from an expert and trained lawyer in this area of law is the best guarantee for success.
We have a strong record at Arcos & Lamers Asociados in successfully dealing with such issues.
Next step: file legal proceedings
However, it might occur that in the first stage, negotiations either do not take place or cannot be terminated under reasonable conditions and thus results to be unprofitable. In such cases, the only possible solution is to file legal proceedings in which you can assert your rights. In this case, you need to be assisted and represented by the best lawyers in Spain who can give you in the first place a feasibility study both regarding the legal and the financial aspect, whether such court case will be successful or not. Secondly, if there is a possibility, of course based on estimations, an assessment will be made on any possible incidents during the legal proceedings in order to forward as much solutions as possible.
Enforcement of EU-judgements in Spain
When you won a lawsuit in Spain and you know or suspect that the debtor possesses property also in European countries outside Spain, then it is possible you can claim seizure by virtue of a judgement passed by a Spanish court.
Read more about recognition and enforcement of judgments in the EU in civil courts in Spain felled by issues
Get in contact
We can only recommend you to engage the best specialist with extensive experience in debt claims in Spain. Arcos & Lamers Asociados has a track record with a team of English speaking qualified lawyers and accountants who are pleased to inform you how to avoid this kind of situations or in the case it has come already to the case, to assist you to assert your rights before the courts in Spain.