What is a payment claim?
Payment claims (reclamaciones de cantidad) are legal processes that allow you to demand the payment of a debt. They are useful if you are owed money from somebody and they have refused to pay you.
When somebody refuses to pay you a debt, it is essential to act quickly to try to recover it.
Does the money that I am owed count?
Use this quick checklist to confirm that the money you are owed counts within the framework for a payment claim in Spain.
□ The debt is for a defined amountefiere a la exigencia formal y l
□ The voluntary time period in which to pay the debt has expired
□ The debt is liquid (the payment is easily accessible)
If these terms are met, then you can reclaim through the Spanish legal system. And if in doubt, get in touch with our lawyers who can give specific advice on your situation.
Example causes of the debt could be from unpaid bills, unpaid rent, an unpaid sum owed in a contract or unpaid termination of contract money. Each debt has its own expiration date, so it’s important to hire a lawyer quickly who can tell you how much time you have to file a claim.
How do I make a claim?
Firstly, our lawyer may have to try Appropriate Means of Dispute Resolution (ADR), called MASC in Spain, that are mechanisms designed to resolve conflicts without the need to seek a solution in court. This is an extrajudicial and, in most cases, obligatory step to try and reach a negotiation, before you elevate the case to court.
If this “MASC” does not work, your lawyer can present the lawsuit before the Social Court. This will mean that the person or company who owes you the debt is obliged by the judge to pay it to you.
Together with your lawyer, you will create your case for the judge, including all the evidence available. This will include contracts, bills, receipts or anything else which shows your right to receive the payment.
What will happen with my claim?
The stages of the court proceedings depend on the amount of debt that you are reclaiming.
The least serious and quickest case is a ‘proceso monitorio’. This happens when the debt is clearly documented and the debtor does not oppose it. This means that a complete trial is avoided.
If this is not the case but the amount that you are claiming is less than 6000 euros, it is considered a ‘juicio verbal’. This means it is a quicker process so you will recover the amount owed sooner.
However, if the amount that you are claiming is for more than 15,000 euros, or the amount of the debt is not clearly defined, it becomes a ‘juicio ordinario.’ This is a more complex process which requires a formal demand and evidence before a judge, and can take up to two years. If this is your case our expert lawyers will guide you through all of the steps.
There are also other procedures, such as “cambiario” procedure.
The client can choose between a monitoring procedure, a declaratory procedure (verbal or ordinary), or another procedure, such as cambiario procedure, but to make the best decision, the client must analyze the case and determine which option is most favorable.
And if you need more information on payment claims and debt collection, you can click here for a more in-depth information section of the website.
Piñera del Olmo
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08036 Barcelona
Phone: +34 93 514 39 97
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Email: rpinera@pineradelolmo.com