Incasso Portugal
Debt collection in Portugal

Debt collection in Portugal

Does your company have to deal with debt collection in Portugal because a Portuguese customer is not paying your invoice? Our Portuguese debt collection specialists and lawyers will be happy to help you. We will make sure that your outstanding invoice is paid quickly.

Read here what we can do for you when you want to engage with a debt collection agency in Portugal.

"The payment behavior of Portuguese companies is often bad. Invoices are not paid or are paid too late. A strict debtor’s policy is therefore important to get invoices paid".

Leestijd
10 min.

International debt collection in Portugal

When doing business with a Portuguese trading partner, you will be confronted with different trading traditions and customs than you are used to. A different legislation applies in Portugal than in your country. Also, your client often speaks a different language. This often makes debt collection in Portugal complicated and time-consuming for you. That is why you should call our Portuguese specialists. They have the means to get your debtor to pay.

 

Payment behavior of Portuguese companies

  • Portuguese are often not very punctual.
  • Statutory term of payment of invoices is 30 days.
  • Portuguese are among the worse payers in Europe.
  • A payment term of 14 days is customary in the case of reminders.

Debt collection in Portugal

In Portugal, business is somewhat slower than in other parts of Europe. Projects often take a long time to get off the ground. The payment of invoices is also something often delayed.

Payment terms in Portugal are usually very long. Many Portuguese companies do not adhere to the agreed payment terms. Invoices are usually not paid or paid late. It is often the smaller companies that adhere to payment terms better than the large companies.

Advantages of debt collection in Portugal

  • Portuguese collection lawyers in the United States
  • Portuguese-speaking lawyers
  • Highest success rates
  • Collection throughout Portugal
  • Always a single point of contact
  • 24/7 online access to our online platform

Portuguese lawyer in the United States

For the collection of your Portuguese invoice, it is best to contact a Portuguese lawyer or collection specialist. You do not have to go to Portugal, you can simply contact specialists from Bierens. They have extensive knowledge and experience with the laws and regulations in Portugal. This way we know how to make your Portuguese debtor pay quickly.

portuguese lawyer debt collection

How can we help you?

  • Amicable collection
  • Judicial collection
  • Small Claims Procedure
  • The European order for payment procedure
  • Executing sentences in Portugal
  • Debt collection prevention
  • Advice on contracts and general terms and conditions
  • Legal support with bankrupt customers

Collection procedure in Portugal

The collection process in Portugal can be divided into two phases. In the extrajudicial phase, we collect without the intervention of a judge, in the judicial phase we do involve a judge to get your Portuguese customer to pay. Because we are a law firm, we can assist you in both phases.

Amicable debt collection

Amicable debt collection

Our initial intention is to always start the collection procedure in the extrajudicial phase. In this phase, we try to avoid the intervention of a judge. We contact your Portuguese debtor to ensure that your debtor still pays. In the extrajudicial phase we have the following possibilities in Portugal:

Written and telephone summonses

We will contact your debtor and request payment. Your Portuguese customer will then be given a few days to make a payment.

Announcing legal procedure

The best way to put pressure on Portuguese debtors is to announce that you are going to start legal proceedings against your debtor. Usually, this announcement will convince your client to pay. It is therefore advisable to quickly call in a debt collection lawyer who can announce such proceedings on your behalf. This will prevent the collection process from taking longer than necessary.

What if the debtor refuses to pay during the amicable phase?

If your debtor refuses to pay in the extrajudicial phase, we can go to court in consultation with you. We do a credit check and analyze your debtor's financial situation. This enables us to better assess your debtor's financial situation and whether legal proceedings are worthwhile. We will always let you know in advance what the possible costs are and we will only start working after your consent.

Legal debt collection

recouvrement judiciaire de créances france

Would you like to start legal collection proceedings against your Portuguese debtor? Then the first question is in which country do you have to litigate: in your country or Portugal? This depends on the competent court, i.e. the court that is competent to rule on your debt collection case.

In your general terms and conditions, you can agree on the competent court in the event of a (payment) conflict. This is also called the choice of forum.

Have no agreements been made? Then the main rule is that the court in the country of the defendant has jurisdiction. In this case the Portuguese court. You then have to go to Portugal to follow legal proceedings there.

In addition, the main rule is that the law of the country of the seller or service provider applies. American law is therefore applicable in this case. We then get the situation where the Portuguese judge must judge the case on the basis of American law. Our advice is to make agreements about the applicable law and the competent court in your terms and conditions.

For more information about your specific situation, ask our lawyers for advice.

Collection laws in Portugal

When we take legal action against your Portuguese customer, there are various collection laws that we can deploy. The collection procedure that can best be used differs per situation. Our lawyers always look for the best option for your collection case.

Since Portugal joined the EU, the legal procedures have improved a lot. Nevertheless, you should bear in mind that Portugal is very bureaucratic and that the legal system can sometimes be very slow.

Our Portuguese lawyers can advise you on the best legal procedure in your situation.

Payment procedure

This procedure can be used if there is a simple, undisputed procedure. The procedure is carried out electronically and is relatively cheap and fast. The national agency for payment orders, the Balcão Nacional de Injunções, is responsible for this procedure.

When a request is made, a brief summary of the case must be given. Is the claim not contested by the debtor? In that case, the National Bureau for Payment Orders will issue a declaration of enforceability.

Is the claim contested? If so, this procedure is automatically converted into ordinary court proceedings.

Ordinary proceedings

Carrying out an ordinary procedure is more expensive and time-consuming. In that case, a hearing is scheduled and the judge then comes with a judgment. If there is a favorable judgment for the creditor, we proceed to an enforcement procedure. With an enforcement procedure, we can execute the debtor, seize his assets and eventually obtain payment.

International collection laws

Lois internationales recouvrement de créances france

In addition to the Portuguese collection laws, there are several European measures that can be used when your Portuguese debtor won't pay.

For the European Union, it is important to stimulate trade between European countries and complicated procedures abroad are not part of this. That is why, in addition to the ordinary procedures, two alternative procedures can be used for foreign claims: the European Payment Order Procedure and the Small Claims Procedure.

Both procedures are relatively fast and cheap. A standard form has to be filled in, which is then sent to the competent court. If you have not agreed on anything, this is usually the Portuguese court. The court then deals with the collection case and makes a ruling.

The small claims procedure is only suitable for small claims up to €5,000. The European Payment Order only applies to undisputed claims.

Debt collection procedure in Portugal

  • Upload claim
    Upload your debt recovery case online
  • Start case
    We will process your case immediately
  • Send a demand letter
    We will immediately send a payment reminder to your debtor
  • How to approach debtor?
    Together we will determine our approach
  • Online portal 24/7
    View your case 24/7 through our online portal
  • Ask questions
    Questions? Your contact is always available to assist you
  • Get invoice paid
    Your unpaid invoice will be paid

Litigation in the United States

Have you agreed in the general terms and conditions that the Dutch court has jurisdiction? Then legal proceedings can also be started in your country. Depending on your specific situation, our lawyers will look at what is most beneficial for your organization. If we start legal proceedings in your country against your Portuguese debtor, we can conduct subpoena proceedings. Both parties will be heard, after which the court will rule.

Exécution d’un jugement en France

Votre entreprise est-elle basée au sein de l’Union européenne ? La justice de votre pays a-t-elle rendue un jugement en votre faveur ? Il faut toujours qu’il soit exécuté en France. Un jugement rendu dans un état de l’Union européenne est reconnu dans les autres pays membres.

Un formulaire spécifique pour l'exécution d'un jugement européen en France doit être demandé. Ce formulaire doit ensuite être envoyé à l'huissier de justice en France, accompagné du jugement rendu par le tribunal de votre pays. L'huissier français s'assurera ensuite que le jugement soit exécuté en France.

Limitation period in Portugal

Le délai de prescription des factures en France

An outstanding invoice cannot be collected forever. An invoice can become time-barred. Once the statute of limitations for your invoice has expired, you can no longer enforce the payment of your invoice through the courts. It is therefore important to keep a close eye on this limitation period.

For business claims in Portugal, the general limitation period is 20 years. This period starts as soon as the claim becomes due. This corresponds to the due date of the invoice. If the payment period of an invoice is 30 days, the limitation period of 20 years starts after those 30 days have passed.

Imagine: you have delivered an order to a customer. On April 1, 2017, you send the corresponding invoice, with a payment term of 30 days. Your customer did not pay. The due date of the invoice was May 1, 2017. The 20-year limitation period starts at this moment. Your invoice will, therefore, expire on May 1, 2037.

Exceptions to the limitation period

The limitation period of 20 years applies to normal claims. Please note that the limitation period is different for some claims. For example, transport law throughout Europe has a limitation period of 1 year.

Preventing the statute of limitations for your Portuguese invoice

It is possible to prevent your invoice from expiring by interrupting the limitation period. The interruption stops and resets the limitation period. In France, there are 2 ways to stop a limitation period:

  • A letter from the debtor confirming the existence of an outstanding invoice. This is an official acknowledgment of debt which must be handwritten. Also, the outstanding amount must be written out in letters. Another possibility is a signed contract that is drawn up in an official mediation procedure or negotiations between lawyers.
  • A subpoena.

It is most advantageous to send the letter of suspension at the end of the limitation period. But of course, make sure that you do this on time before the limitation period has expired. Otherwise, there is a risk that your invoice will become expired and you will no longer be able to collect your claim legally.

Legal areas for debt collection in Portugal

Our Portuguese debt collection agency has been around for quite some years. During that time we have helped many companies all over the world with their debt collection business in Portugal as well as several Portuguese companies. With all kinds of debt collection cases in various jurisdictions:

  • Transport
  • Buy and Sell
  • Construction law
  • Rental and letting
  • Agency and distribution agreement
  • Damages and wrongful acts

“Bierens is a highly effective and professional partner. Not only do they have a good debt collection procedure, they also give solid advice.”

Manuel Maas, Eneco

National coverage

Is your debtor in Lisbon, Vila Nova de Gaia or Porto? For our specialists, it doesn't matter where your customer is. We can assist you throughout Portugal. For the successful collection of your case, you do not need to call in a collection agency or lawyer in Portugal.

You can simply transfer your case online. Our Portuguese specialists will get to work immediately.

More than a debt collection agency

If you are looking for a debt collection agency, you are better off with a debt collection lawyer. Our Portuguese collection lawyers have more resources than a collection agency. Moreover, they work faster and are also more successful. And that is beneficial for your organization. You will quickly have your money in your bank account.

Take action today, submit your debt collection before 16:00 o'clock

No Win No Fee collection

no cure no pay Pas de résultat, pas d’honoraire france

We collect on the basis of No Win No Fee. If we do not collect anything, you do not pay a fee. In that case, you only pay €185 for file costs. After all, an unpaid invoice costs enough frustration. We don't think it's fair if you are still faced with extra costs.

You only pay a fee when we manage to collect the full claim. Incidentally, we try to recover this fee as much as possible from the debtor. So a successful debt collection case will cost you almost nothing! That is what we call justice. Because you just have to get what you are entitled to.

Debt collection costs in Portugal

If the collection is successful, we try to recover the collection costs as much as possible from the debtor. In that case, your Portuguese customer will pay the outstanding invoice and the collection costs. This way you will have to pay as little collection costs as possible to our organization.

In your country, in most cases, we can recover all interest and costs (which is the fee for our work) from your debtor. This is not always the case abroad. In such cases, you pay a percentage of the principal sum.

Start your Portuguese debt collection immediately

Do you have an outstanding invoice with a Portuguese customer? Or do you have another conflict with your client? Our collection specialists and lawyers will be happy to help you solve your payment conflict. Please feel free to contact us for more information.

Are you tired of waiting for your money? Then hand over your invoice immediately. Our specialists will then get straight to work for you.

Contact us today, free of charge.

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Faire affaire en France

  • Devise : l’euro.
  • Langues : le français.
  • La France est le plus grand pays de l’Union européenne.
  • La France est la destination touristique la plus populaire au monde.
  • Plus de 77% de la main d’œuvre française est employée dans le secteur des services.
  • En France, la culture d’entreprise est formelle et hiérarchique.
  • Une bonne relation de confiance est importante.
  • Les longs déjeuners d’affaire sont très communs.
  • Le délai de paiement légal pour les factures est de 30 jours.
  • Environ 60% des entreprises françaises ne paient pas dans les délais requis.
  • Un délai de paiement de 8 jours est habituel après l’envoi d’un rappel de paiement.