Debt Claim: Tips to successfully recover money

A non-payment claim is a legal action that is carried out when a person or company does not comply with the payment of a contracted debt. The objective of this claim is to recover the money owed through a negotiation process or, ultimately, through a judicial process.

What is a non-payment claim?

The non-payment claim can be initiated when the payment term established in a contract or invoice has expired, and the debtor has not made the corresponding payment. The creditor can start the claim by means of a written communication to the debtor, in which he is informed of the debt and is asked to pay it. If this communication is unsuccessful, you can go to court to claim payment of the debt. 

To initiate a claim for non-payment, it is necessary to have documentation that supports the debt, such as invoices, contracts or payment agreements. It is important to bear in mind that there are statutes of limitations for debts, so it is necessary to act promptly to avoid the loss of rights.

In the claim for non-payment, the creditor has the right to claim the amount owed, as well as late-payment interest and the expenses generated by the claim, such as legal costs. 

In summary, the default claim is a legal action that is carried out to recover the money owed by a person or company. To do this, you can use means of negotiation or, ultimately, resort to the courts. It is important to have the documentation that supports the debt and act promptly to avoid the prescription of the debt.

What steps to follow to claim a non-payment?

It is important to follow certain steps and tips to ensure the success of the claim and protect the interests of the company or person that has provided the service or delivered the product.

The steps and tips for claiming non-payments are detailed below:

• Debt verification: The first thing to do is verify that there is indeed a debt. Appropriate documents and invoices should be reviewed to ensure that there are no billing errors and that the service or product in question has been provided.

• Communication with the debtor: Contact must be established with the debtor to inform him of the debt and request payment. This communication can be by email, phone call or certified letter. It is important to maintain a cordial and respectful tone, but firm in demanding payment.

• Sending a formal claim through professionals specialized in recovering defaults: If communication with the debtor is not effective, a formal claim should be sent detailing the reasons for the debt, the amount owed and the payment deadlines. . This claim must be sent with a certain legal strategy to recover the non-payment.

• Payment agreement: If the debtor acknowledges the debt, but has trouble paying it, a payment agreement can be reached. This agreement must be in writing and detail the terms and manner in which payments will be made. It is recommended that a law firm specialized in non-payment handle the matter, to ensure the success of the payment agreement.

• Legal claim: If the debtor refuses to pay or a payment agreement is not reached, a legal claim can be initiated. In this case, it is advisable to have the advice of a lawyer specializing in non-payment claims.

• Measures to collect the debt: If a judgment is obtained in favor of the claimant, measures can be taken to collect the debt, such as the execution of the debtor's assets or the request for garnishments.

In addition to these steps, it is important to take into account certain tips for claiming non-payments, including:

• Establish clear and realistic deadlines for the payment of the debt.
• Keep all the documentation related to the debt and the claim, such as invoices, emails, letters and acknowledgments of receipt.
• Do not accept partial payments without having previously agreed a payment plan with the debtor.
• Constantly monitor the claim to ensure that progress is being made in resolving the debt.
• Do not overextend the time to claim the debt, since there is a limitation period for debts.

In summary, the claim for non-payment is a process that requires patience, firmness and constant follow-up in order to recover the debt. It is advisable to have the advice of a team of lawyers specialized in non-payment claims to ensure the success of the claim.

What are the best ways to deal with a non-payment claim? 

There are different ways to deal with a non-payment claim, among which the following can be highlighted:

• Negotiation: Direct negotiation with the debtor is one of the most common and effective ways to resolve a non-payment claim. This route can allow a payment agreement to be reached, in which new payment conditions or a payment schedule are established that allow the debtor to comply with his obligations.
• Mediation: Mediation is a process in which an impartial mediator helps the parties reach an agreement. This avenue can be useful in cases where the parties have difficulty reaching an agreement on their own.
• Arbitration: Arbitration is a process in which an impartial arbitrator decides the dispute. Unlike the judicial process, arbitration is faster and cheaper, and the award issued by the arbitrator has the same force as a court decision.
• Judicial appeal: If the negotiation, mediation or arbitration does not give satisfactory results, you can appeal to the courts, through the order for payment procedure or through the ordinary procedure. In this case, a lawsuit will be filed before the corresponding court, in which payment of the debt, interest and costs of the claim will be requested.

In any case, it is advisable to have the assistance of a law firm specialized in non-payment claims, such as Forcam Lawyers, who will advise you on the best options and ways to follow depending on the circumstances of each case.