Debt collection Alicante, Torrevieja, Costa Blanca area. In CC Lawyers we understand the various situations in which someone might be in when they need to collect a debt. Certainly, we are a specialized Law Firm in debt collection in Alicante – Torrevieja area, applicable to all entities or individuals. We provide the different steps that would be followed for your better understanding.
The first step involves reaching out to us and providing us with all the relevant information about the financial obligation you wish to collect. We shall then be able to ascertain whether your case meets the criteria to claim the money. This is crucial for the process to initiate since it would confirm the possible success of the case or not be able to grant a debt collection Alicante.
Secondly, we will conduct a thorough examination of the debtor’s financial viability, offering insights into the feasibility of credit recovery. In instances involving corporate obligors, an analogous assessment of the administrator’s fiscal status will be undertaken. Once the evaluation is complete and the plausibility of a legal pursuit of the debt collection is established, the essential legal protocols will be set in motion.
Thirdly, under suitable circumstances, we can initiate measures to secure the debtor’s assets as a pre-emptive measure. This injunction serves to limit any prospective sale of assets following the receipt of our claim by the in-debt person.
Methods employed to recover the money owed, to get a success with debt collection Alicante – Torrevieja area.
Once your advisor has evaluated the scenario about the debt collection, the most common strategies for the recovery encompass:
This letter functions as a formal payment request. The indebted party will also be informed that if he fails to pay, legal action will be taken.
Usually, receiving this letter encourages them to pay in order to avoid legal problems. Having an attorney send this formal letter amplifies its impact; they will understand that you are serious about recovering the liability.
If the indebted individual answers to this letter, your lawyer could negotiate the repayment in order to avoid going into Court. Preferably, resolving such cases extrajudicially saves both time and money. With an agreement we finish the debt collection case.
If the debtor ignores your payment request then you should file adebt collection claim in Court. There are three types of claims to be filed:
This type of legal proceeding is appropriate for outstanding invoices (or other business documents such as telegrams, faxes, or dispatch notes) that have not been settled. Additionally, it is applicable when an obligation can be substantiated with documents authenticated or stamped by the debtor.
Once the claim is admitted, the Court will notify the defendant, granting a 20-day window for payment or appearance in Court with reasons for non-payment. Should him fail to comply, the creditor can request an Enforcement Order.
Should the debtor appear in Court and contest the claim, the Judge will reclassify the case as either a Juicio Verbal for debts below 6.000 euros or a Juicio Ordinario for arrears surpassing 6.000 euros.
This category is akin to Juicio Monitorio, but the credit must be validated by a negotiable instrument like a bill of exchange, promissory note, or check. Following claim submission, the Judge will issue a directive for liability payment within 10 days and will authorize a precautionary seizure of the debtor’s assets if the owing party fails to appear. The precautionary seizure order will encompass the credit amount, plus interest and court expenses, in the event of non-payment.
The has the right to contest the action within the 10-day period. In the absence of opposition, the seizure becomes definitive, and the Judge enforces the order.
This type of course is for financial obligations up to 6,000 euros. It is a rapid process and after the indebted individual’s appearance in Court, the Judge will schedule a hearing to address the matter based on oral statements from the involved parties.
Reserved for amounts exceeding 6.000 euros. The Judge will arrange a pre-trial conference to introduce evidence and attempt to find a resolution. In the absence of an agreement, a trial date will be set. Post-trial, the Judge will deliver a verdict.
If the owing party (such as a construction or developing company) has gone into bankruptcy and has multiple creditors (acreederores) they will declare a Concurso de Acreedores. The creditors will need to reach a consensus regarding asset seizure and distribution for money recovery.