More specifically, our lawyers will contact the debtor to demand payment, either by sending the debtor a written demand letter, requesting that they pay your claim within a few days, together with interest and cost, or by registering your debtor on the black list called ASNEF. When corporations are registered on that list, they often experience difficulties with finding new trade partners or maintaining existing relationships. In addition, it is often difficult for corporations on the list to get further credit. However, you need to analyze if the debt can be included in ASNEF because if a debt that cannot be added is included in ASNEF this could suppose that the creditor should also pay a compensation to the debtor for the inclusion in the ASNEF’s list.

As mentioned above, the second phase of the debt collection procedure is the judicial debt collection. In this phase, if the out-of-court procedure failed to provide a positive solution, our lawyers, after discussion with you, go to court. In Spain, there are various ways to proceed against a debtor. Depending on the type and size of claim, following options are relevant for the judicial phase to exact payment:

• Order for payment proceedings: A request is made to the Court, which sends the debtor an order. After the order is sent, the debtor has only twenty days to respond, either by paying your claim or submitting a defence. If the creditor files a defence, the case is automatically referred to ordinary civil proceedings. However, if the debtor does not put forward a defence, the order for payment can result in a judgment relatively rapidly.

• Summary proceedings: A writ of summons is sent to the Court. In addition, the debtor may file a defence. In general, the judge will make a decision in paper, but it is also possible to request a hearing. This option is only relevant for claims up to 6 000 €.

• Ordinary civil proceeding: This type of proceeding is for claims over 6 000 €. It is extensive and can be time consuming, on average, it takes up to one-two years in Barcelona and other big cities. Similar to summary proceedings, the creditor files its writ of summon and the debtor can file a defence.

• “Juicio cambiario”: In Spain, if your claim is based on a bounced cheque or bill of exchange, there is a separate procedure. Based on these bills of exchange or cheques, the Courts orders the debtor to pay within ten days. At the same time, the Court can levy a prejudgment seizure on goods belonging to the debtor.

More information?

If you need more information about debt collection in Barcelona and the related procedure, you may contact our Spanish lawyers. They will inform you on the steps of the procedure and the documents you need for debt collection (such as invoices and other documents that can prove that there is a commercial relationship between the creditor and debtor).