If you have unpaid invoices, a loan that has not been repaid or an agreed payment plan that is no longer being followed, EXLEGEBCN can help you assess how to pursue the debt. As a law firm in Barcelona, we advise individuals, self-employed professionals and businesses. We assess the available evidence, the appropriate route for a claim and the costs to consider before you decide how to proceed.
What we need to know about the debt
To assess the matter, we review the origin of the payment obligation, who is responsible and how the outstanding amount has been calculated. The contract, invoices, delivery notes, transfer receipts or communications with the other party may be relevant. We also need to know about partial payments and any objections raised: sometimes the debt is acknowledged but payment is delayed; in other cases the amount, delivery of a product or work performed is disputed.
You do not need to gather every document before contacting us. If there is no signed contract, we assess what your bank transfers, invoices and correspondence can establish and what further information is needed. We also review the applicable time limits and any circumstances relating to the debtor that could make recovery more difficult.
Claiming payment and considering an agreement
Depending on the matter, our involvement may begin with a payment demand and negotiation with the other party. We prepare the claim based on the documentation and, if a deferred payment or an agreement for a different amount is proposed, we discuss its terms and consequences with you before you accept it. We also check whether it is necessary to prove a prior attempt at negotiation before going to court and how it should be documented. We agree the scope of this phase with you: it may cover a particular step or the negotiation and follow-up of a proposed agreement.
If court action is necessary
If court action is needed, we assess which procedure fits your case and what documents are required. We assess the possibility of using a Spanish payment order procedure (proceso monitorio) when the debt and evidence meet the necessary requirements, or of bringing the claim under another suitable procedure. We also explain the issues that may be disputed, the expected steps and the costs to consider when deciding.
If an enforceable court decision is obtained and the debtor does not pay voluntarily, it may be necessary to initiate enforcement. This involves assessing whether there are assets or income against which payment can be enforced, subject to the applicable legal limits. A favourable decision does not by itself guarantee collection: the debtor's financial situation may affect recovery of the money. We take this into account both when assessing the case and when advising you on the next steps.
To help you decide whether pursuing the debt is worthwhile, we consider the outstanding amount, the available evidence, the expected costs and the practical prospects of recovery together. After reviewing your case, we define the work the firm would undertake and prepare a fee proposal that separates our fees from other expected costs, including the involvement of other professionals where necessary. If the initial engagement covers an out-of-court claim, any court or enforcement proceedings are agreed separately.
To begin, tell us the origin of the debt, the approximate amount and what response you have received so far. Based on that information we can tell you what documentation we need to assess the proposed work.
This content is for information only. Each claim requires a legal assessment of its circumstances.