Has your debtor in Spain not paid you?
Have you tried everything imaginable to find an amicable solution and nothing seems to work?
If so, the time may be ripe to initiate legal proceedings.
Imagine being able to effectively prepare your future legal action in Spain. Knowing the type of judicial proceedings in Spain allows you to do it, enhancing your preparations for a future legal action.
Here are three ways to proceed judicially in debt recovery in Spain:
Juicio monitorio
This is an Court order for payment based on a document in favor of the creditor: invoice, contract, debt recognition, etc.: any document sent to the debtor or signed by him enables you to proceed in this way. The court will ask the debtor to pay you. The debtor may object to the request for payment or pay immediately. The lack of response paves the way for the immediate seizure of the debtor’s assets.
Juicio cambiario
This is a similar procedure to the payment order but based on a ticket order (“pagaré”), a check or bill of exchange. The lack of response of the debtor can also initiate the seizure of his goods immediately.
Juicio Ordinario / juicio verbal
The Ordinario juicio procedure is reserved for controversies related to higher than 6,000 euros claims. The juicio verbal claims is for a lower amount. Both procedures progressing through one or two hearings until judgment that ends the controversy. This judgment is subject to immediate execution and, in most cases, call.
Do you have any questions or comments? Use the comments to let us know your doubts or your experiences.
