They owe me a lot of money. How can I claim it quickly and effectively?
If you are an entrepreneur, self-employed or professional and some company owes you a lot of money, stay and read this post. We tell you everything so that you can fully recover the debt quickly and effectively.
Can I recover the debt amicably?
Yes, you can recover the debt amicably. Still, if you are owed a lot of money, and you need to get it back as soon as possible, your best bet is to contact a specialist debt claim attorney for legal advice from the get-go.
When managing debt collection, the most important thing is to recover the money, and the best way to do it is by negotiating with the debtor and formalizing an out-of-court payment agreement.
What are out-of-court payment agreements?
They are friendly agreements between the debtor and the creditor, which are obtained through effective negotiation between the parties. With the out-of-court payment agreement, 100% of the debt is recovered through effective agreements with the debtor. Extrajudicial payment agreements allow the full debt to be recovered, without going to court.
These types of agreements are initiated through a prerequisite, sent and signed by a specialist debt claim attorney. Through the prior and subsequent negotiation request, the amounts owed are recovered and a payment plan is established with the establishment of protection clauses to successfully comply with the out-of-court payment agreement.
Once all the means have been exhausted, and only in the event that the negotiation route does not take effect to demand an unpaid debt, we move on to another type of procedure, which is extremely effective and fast.
If the friendly way fails, is there any effective and quick solution?
If the friendly way through out-of-court settlement does not work, our expert lawyers in debt claim advise companies, freelancers and professionals, an effective and quick solution for debt collection, and it is through the order for payment procedure, simple and very useful that It is used to claim outstanding debts of all kinds.
The order for payment procedure is a judicial procedure used to claim a monetary debt, if the following requirements are met: It must be a monetary debt, liquid, determined, past due and payable.
What is the default payment claim procedure?
The order for payment procedure begins when the friendly phase of negotiation with the debtor has not given a satisfactory result to recover the debt. The order for payment procedure is a judicial procedure that aims to recover a debt quickly, effectively and efficiently.
Through this order for payment procedure, the procedures are followed through the judicial channel, which begins with a lawsuit addressed to the Court of First Instance of the debtor's domicile. If the debtor objects, denying the existence of the debt, the procedure is filed and the processing continues according to the channels of the declaratory procedure depending on the amount claimed.
Subsequently, and depending on the amount of the debt, there will be a first oral trial that will serve to present evidence and reach an agreement in court, or it will be directly substantiated in a single trial. There may be an agreement between the parties. Otherwise, sentence will be passed.
In which cases is it advisable to claim a debt through the order for payment procedure?
The debt claim procedure is a simple, very useful and fast judicial procedure that serves to claim outstanding debts from all kinds of businessmen, professionals, individuals, etc. The aim of this procedure is to speed up the collection of outstanding debts. In order to claim the debt with guarantees, it is important that the debt can be accredited with invoices, delivery notes, notarized documents, proof of bank transfer, etc.
Practical example of debt claim
A company sells material valued at € 60,000 to another company. These materials are accredited with different invoices. After 2 months, the company that has purchased the material does not pay what it owes. It is at this time when the selling company can file a debt claim order procedure, with a prior payment requirement, which will allow it to streamline the procedures before the court for the collection of the debt quickly and effectively.
Contact us, and our debt specialist lawyers will study your specific case.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.