How does the claim for defaults to debtors from European Union?
Since the application of Regulation 2015/2421 as of July 14, 2017, the European monitoring process is modified. Previously, this procedure for claiming debts between countries of the European Union was regulated in Regulation 1896/2006. In this way, the aim is to simplify and streamline disputes between cross-border litigation, making the resolution of conflicts at the European level much easier.
The European order for payment procedure is applicable in cross-border matters in the civil and commercial spheres, when each of the parties has residence in different EU Member States.
Is it necessary that the amount of the debt has expired and is payable in order to initiate the claim?
To claim the amounts owed, it will be an essential requirement that the principal amount of the debt has matured and is payable on the date on which the request for a European order for payment is filed. In matters of jurisdiction, the court of the country where the defendant is domiciled will be competent.
Therefore, the country where the defendant's domicile is located must be analyzed based on the case, since in many cases companies operate in Spain based on subsidiaries or delegations, but the headquarters is in another European state. Therefore, once this point has been resolved and the country where the actual jurisdiction for the claim exists has been duly established, the legal department will be able to begin the procedures.
If the claim continues with the normal procedures, the court of the competent country will issue a European payment order within a period of 30 days from the date of submission of the request. During the processing of the procedure, the two ways that the defendant can take are detailed:
1- Pay the plaintiff the amount referenced in the request.
The defendant can access the claims of the request, and in this way, be able to resolve the conflict before continuing through legal means, with which, if the debt is fully payable and demonstrable, the debtor party will avoid all subsequent procedures. that his defense before the courts would entail and he will agree to full payment of the amounts claimed.
2- Submit opposition to the request within a period of 30 days.
The debtor party may also file a legal opposition to the request sent, opposing if any of the facts are not true or if there is a payment that has been made and that is not known to the plaintiff. Normally, if there are no legal facts or circumstances to allege, the opposition is not made, since it does not have sufficient legal scope to progress and continue until the end of the procedure.
Once the procedure has been substantiated, if the court accepts the claim and condemns the defendant, the order will have an executive nature, which means that it will be recognized and may be made effective directly in any of the other Member States of the European Union without need for approval.
This last point is very important, since at a legal level a large part of the procedural times may be due to the execution of the approval, however through this relatively new procedure, the European decision can be executed in any community country, thus at the level Statistically, this reflects a higher percentage of debt recovery and great speed, compared to other traditional procedures.
What to do to claim non-payments from debtors from EU countries?
If you are a company or individual and have a default or debt in a country of the European Union (EU), contact a law firm with experience in recovering debts from EU countries. This is the case of Forcam Abogados, which has a team of lawyers who are experts in debt collection from countries in the European Union. The objective of the firm is to recover the debt quickly and effectively, by having lawyers with experience in recovering very high debts, both from companies and individuals.
Contact Forcam Abogados and they will be in charge of studying your case, with the aim of recovering all the money they owe you. Forcam Abogados is responsible for recovering high-value debts at a national and international level, and is specialized in recovering debts greater than 12.000 € nationally and 50.000 € internationally.
Contact us through the telephone number (+34) 936 26 49 49, and our specialist debt claim lawyers will study your specific case. We offer legal advice on the claim and recovery of debts at a national and international level. In addition, we have offices in Barcelona, Tarragona, Reus and Tarrega.