Debt Collection Spain

Does your company have to deal with a debt collection case in Spain because a Spanish customer does not pay your invoice? Our Spain debt collection specialists and attorneys will be happy to help you. We ensure that your outstanding invoice is paid quickly.
Read here what we can do for you if you want to engage a debt collection agency in Spain.
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Meet our Spanish
debt collection specialists

International debt collection in Spain

When dealing with debt collection in Spain, you might come across the terms Burofax or ASNEF. If a bailiff is required or if you decide to take legal action, you will find that debt collection laws in Spain differ from those that you are used to. With Spanish debt collection attorneys by your side, our experts overcome the language, cultural and legal barriers that arise when dealing with debt collection in Spain. With our native specialists by your side, we can tell you everything you need to know that will guarantee you the maximum chances of success for your debt collection in Spain.

What are the Benefits of collecting debts in Spain with Bierens?

  • Effortlessly start your case within 2 minutes
  • Spanish-speaking debt collection attorneys
  • Debt collection in Barcelona, Madrid or Seville? 95% success rate throughout Spain
  • Contingency-based debt collection 
  • Always only one point of contact
  • 24/7 access to our online platform
Submit your case before 4:00 P.M. and we will act today!

Spanish speaking attorneys: Meet our debt collection experts

With our team of native in-house specialists, we can overcome any language, cultural and legal barriers. Our Spanish specialists contact your debtor in their native language and are familiar with the Spanish business culture. Based on our experience, we know that this increases the chances of a successful debt collection in Spain. Because we adapt our strategy by sending letters drafted in Spanish and customizing these according to your case, your debtor is more inclined to pay. Your debtor is made aware of all the consequences of non-payment and knows we mean business. With our Spanish Desk located in Barcelona, our team can help you with debt collection across Spain.

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  • Fast solutions for your cases
  • Real measures to recover your payments
  • The best results for the lowest costs

Debt collection procedure in Spain

There are two phases that may be applicable for your debt collection process in Spain. During the extrajudicial phase, collection takes place without Court intervention. During the judicial phase, we do involve the Court in order to make your Spanish debtor pay. Because we are a law firm, we can assist you during both stages. In Spain, most matters are resolved during the extrajudicial phase, without Court intervention.

Extrajudicial phase in Spain

In principle, we always start the debt collection process with the extrajudicial phase. During this phase, we try to avoid the need to go to Court, as this can be time-consuming. We will contact your Spanish debtor to demand payment. At this stage, we have the following options:
Step 1

Written demand letters and phone calls

We send the debtor a written demand letter and contact them by telephone, requesting that they pay your claim within a few days, together with interest and costs.
 
Submit your case before 4:00 P.M. and we will act today!

Registration on the black list:

Our Spanish team can also register your debtor on a black list, (the “ASNEF”). Companies registered on this list often experience difficulty finding new trade partners or maintaining existing relationships. Moreover, it is often difficult for companies on this list to get further credit. As your customer undoubtedly wants to prevent that, this is a good means of exerting pressure.
Step 2

Announcing legal proceedings

The most powerful way to put pressure on your Spain customer is by announcing that you are going to start legal proceedings. Most companies want to avoid legal proceedings, so usually, this announcement convinces them to pay immediately. That is why it is advisable to promptly engage the service of a debt collection attorney, who can announce such proceedings on your behalf. This way, you prevent an unnecessarily protracted debt recovery process.
What if the debtor refuses to pay during the amicable phase?
If your debtor refuses to pay during the pre-legal phase, we can, in consultation with you, start legal proceedings. For this, we do a credit check and analyze the financial situation of your debtor. This allows us to better assess how your debtor is doing financially and whether legal proceedings make sense. When the claim is disputed, we also must start legal proceedings in most cases.
Step 3

Judicial debt collection

If your debtor refuses to pay during the extrajudicial phase, after discussion with you, we can go to Court. We will always provide you with information in advance regarding the potential costs, and we only proceed with your permission.  Spain has various options to proceed against a debtor.

Contingency-based debt collection agency in the United States

During the extrajudicial phase, we work based on a contingency fee. That means our fee is directly proportional to the amount we recover. We also aim to recover the interest and collection costs from your debtor as much as possible in order to maximize your profits.

In the highly unlikely event that we do not collect anything, you will not have to pay us any fees. You can find a full overview of our fees on our fees page.

Debt collection laws in Spain

Compared to other countries, legal debt collection proceedings in Spain might take longer. The Spanish legal system is characterised by all kinds of formalities that both creditors and debtors must follow. For example, for a lawyer and bailiff in Spain to be able to represent their client in court, the client must first grant the power of attorney on their behalf.

With our debt collection attorney in Spain, they can advise on the best procedure for your case, because they know their way around the debt collection laws in Spain. For instance, there are several legal procedures they can initiate on your behalf.

Order for payment proceedings (“Proceso monitorio”)

In an order for payment procedure, a request is made to the Court, which sends the debtor an order. The debtor then has only twenty days to respond. The debtor can either pay your claim, or submit a defence. If a defence is filed, the case is automatically referred to ordinary civil proceedings. If the debtor does not put forward a defence, the order for payment can lead to a judgment relatively quickly.

Summary proceedings (“Juicio verbal”) (claims up to €6,000)

 In a summary proceeding, a writ of summons is sent to the court, and the debtor may file a defence. Usually, the judge will make a decision on paper, but the parties can also request a hearing.

Ordinary civil proceedings (“Juicio ordinario”) (claims over €6,000)

Ordinary civil proceedings for claims of over €6,000 are extensive and can be time consuming (on average, one to two years). Again, the creditor files its writ of summon and the debtor can file a defence. There is usually a pre-hearing to establish the facts, proof and witnesses, and then a date is set for the trial.

 

International debt collection has never been easier with Bierens Collection Attorneys. We overcome any language, cultural and legislative barriers because we approach your debtor in their native language with our in-house specialists.

The best part is that we solve 95% of our cases without court intervention on a contingency fee basis. If your debtor fails to pay during this phase, then our efforts don’t stop just there. Our attorneys have the experience of local and international debt collection laws, which allows us to litigate on your behalf if necessary.

With Bierens by your side, no debtor can hide from us. You will not have to write off your debts or waste your time and money on a never-ending case. Find out what we can do for you below or contact us today for immediate action.

International collection laws

In addition to Spanish collection laws, there are also a few European measures that can be used if your Spanish customer refuses to pay
It is important for the European Union that trade between European countries is stimulated. Therefore, complicated procedures are unwanted. That is why, in addition to the normal procedures, two alternative procedures can be used for foreign claims between two EU countries:
 
European 1

Litigation in your own country

Have you agreed in the general terms and conditions that the court in your country is competent? Then legal proceedings can be started in your country. Depending on your specific situation, our attorneys will look at what is most beneficial for your company.

If we are going to litigate in your country against your German debtor, we can start ordinary civil proceedings. Both parties will be heard, after which the court will make a judgment.

Enforcement of judgement in Spain

When a judgment has been obtained, it must still be executed in Spain. Within the EU, it has been laid down that all judgments passed in a member state are also recognized in other EU countries. A specific form must be requested for the enforcement of a foreign EU judgment in Spain. This form has to be sent to the bailiff in Spain, together with the foreign EU court's judgment. The bailiff then ensures that the judgment is executed in Spain.

Summary-proceedings

Limitation period in Spain

Once the limitation period has been exceeded, an outstanding invoice expires. It is no longer possible to enforce its payment through the court. It is therefore important to keep a close eye on this prescription period. For business claims in Spain, the general limitation period is 3 years. This period starts at the end of the year in which the claim arose.
Read more about limtation period in Spain

Start your debt collection in Spain today!

Start your debt collection case in Spain today! While our Spanish Desk get started on your case, you can resume your regular business operations. Upload your case for immediate action or contact our experts today.

If you prefer to speak directly with a debt collection specialist, feel free to contact us by phone at +1 347 862 9438.

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Free case evaluation from the best debt collection specialists

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  • Fast solutions for your cases
  • Real measures to recover your payments
  • The best results for the lowest costs

Find out how we have helped other clients with international collections including debt collection in Spain

From simple debt collection cases to complex legal matters, from small businesses to multinationals across different industries, our specialists have assisted over 24.000 companies worldwide, including Spain. Find out how our international specialists and lawyers have helped other companies in a similar situation and find the solution for debt collection in Spain.
A bit of communication, understanding and compromise
A not so absent managing director
€30.000,- is no chicken feed!

Frequently asked questions about debt recovery in Spain

How does debt collection work in Spain?

Debt collection in Spain always starts in the extrajudicial phase where we send your debtor customized demand letters and contact them by phone. If your debtor disputes the claim or fails to respond, then we can proceed by taking legal action in consultation with you.

How will you recover my debt in Spain?

We will always contact your debtor by sending an initial demand letter, which we also follow up with a phone call. That way we avoid any form of miscommunication. Our approach is always firm and respectful, and you will always be informed of the status of your case.

What are the costs for debt collection in Spain?

We handle all out-of-court cases on a contingency fee basis, also for debt collection in Spain. We aim to recover the principal amount including interest and costs from your debtor. If we do not collect, then you pay no fee. If you decide to take legal action against your debtor, then we move to an hourly or fixed fee. We do not have any hidden costs and will always consult you before proceeding with any kind of legal action.

How long does an average debt collection procedure in Spain?

This depends on each situation and debtor. We always start in the amicable debt collection phase. This process takes a relatively short time because we provide your debtor with limited time to complete the payment. When starting your case, your case worker will provide an estimate of the duration of your case. Should your debtor fail to respond, then our specialists and lawyers can provide you with an expected outcome or course of action within 4 weeks. If legal proceedings are necessary, the debt collection process takes longer. The duration depends on the legal proceedings and on whether the debtor raises a defence.

What chances do I have for successful debt recovery in Spain?

The chance for a successful recovery depends on the nature of your debt collection case. We solve 95% of all cases on a contingency basis. Our specialists and lawyers always do their utmost to ensure to collect your claim as fast and efficiently as possible. We always make sure to give you honest and practical advice that will deliver you the best results.

When is a debt collection case taken to court?

Our preference is to collect your claim without court intervention. Therefore, we always start a collection in the amicable phase. If this has no effect, then we will discuss your judicial options with you. We will never intiate court proceedings without your explicit consent.

How much does it cost to go to court?

The court fees depend on the value of the claim and the country in which litigation takes place. In some cases, the amount is fixed, but it may also depend on litigation procedure.

How long do legal proceedings take in Spain?

The duration of legal proceedings in Spain depends on the complexity of your case and ON whether your debtor raises a defence.

How long before a debt is written off in Spain?

Payment claims in Spain have a limitation period that differs compared to other countries. There are, however, several ways to interrupt this limitation period. For more information, it is best to contact our specialists.