Lexidy will provide a dedicated team to carry out the debt collection in Spain :
1. Extrajudicial Procedure: Letter of Demand
As the first step in the debt collection in Spain process our lawyers will address a Letter of Demand to the debtor.
Before starting a judicial procedure we will try to resolve the debt in this amicable matter.
Should the subsequent negotiations be successful then the debt collection process ends here – without the need to start a judicial process.
2. Judicial Procedures
If extrajudicial procedures are not successful it may be advisable to pursue legal proceedings.
Before doing this, it’s important for Lexidy to determine the solvency of the debtor. If the debtor does not have any assets then it may not be worth going ahead even though a favourable court order may be obtained.
There are different ways to proceed depending on the type, amount, and nature of the debt:
- Standard procedures: where the court issues a compelling order for the debt collection in Spain to be paid. Following this, there are various legal routes depending on the amount owed (greater or less than €6,000) and if the order is opposed.
- Special procedures: these are used in the event that the debt is recognized or documented in an agreement or legal instrument.
Lastly, the creditor may also request the debtor’s bankruptcy.