Debt and unpaid claims in Girona

Post 3 Actum Advocats Girona

When we have a debt that we have to collect, the main advice is not to delay your claim, and trust a professional lawyer, specialist in debt claims in Girona.

One of the best ways to be able to claim a debt quickly and effectively is by carrying out a monitoring procedure.

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What is the monitoring process?

The monitoring process is a judicial procedure created for the claim of debts without an amount limit. It is presented as an agile, fast, simple and effective instrument that leads to high success rates in claiming the collection of debts of all kinds.

Its use has become widespread in recent years to the point of being the most used procedure in the civil field by lawyers specializing in debt claims in Girona, for the collection of debts. We recommend this type of procedure to claim the debt quickly and effectively.

minimum trial number Actum Advocats Girona

From the office we consider it to be the ideal procedure for professionals and owner companies to quickly recover the amount of outstanding debts. It is characterized by being a fast and agile way to claim monetary debts, since it will only be necessary to make a hearing or appear before the judge if the debtor opposes the claim presented.
Is it advisable to have a lawyer specialized in debt claims in Girona?

At Gironaadvocats, lawyers specializing in debt claims in Girona, we know that in order to successfully recover a debt, either through a judicial procedure or through a friendly out-of-court procedure, it is very important to have lawyers specialized in debt claims and collection.

At GironaAdvocats we are specialists in debt recovery, quickly and effectively, as we have lawyers with experience in the recovery of very high debts, both from companies and individuals.

Contact our office and we will study your case, with the aim of recovering all the money owed to you. We recover large amounts of debt nationally and internationally.
What happens if the debtor does not pay voluntarily?

If this is not the case, and the debtor does not pay voluntarily or object within the period granted to do so, the procedure ends automatically through a resolution that will allow the claimant to go directly to enforcement, in which they may seize enough of the defendant’s property until the debt claimed is paid in full.
Can I claim payment through a friendly way?

Of course, our recommendation is that before starting a monitoring procedure, a preliminary friendly claim is urged, to receive the money as soon as possible in a friendly way, and never close the possibility of finding common ground with the other party
What are the characteristics of the monitoring process?

How the debt should be: In this type of procedure, a monetary debt is always claimed, liquid, due and enforceable. In other words, what is required is money, the term for which payment has expired and, in addition, it must be proven with the corresponding documentation. This last point is very important to prove the existence of the debt, so it is recommended to prove it with invoices, delivery notes, notarial documents, bank transfer receipts, etc.

What can be claimed: Any amount can be claimed, and there is no limit to the number of claims.

The competent court: The Court of First Instance of the domicile or residence of the debtor or of the place where he can be located for the purposes of the payment request will be competent to hear about the monitoring process.
What is the judicial procedure to claim payment of the debt?

The procedure starts with a previous claim through a burofax to claim the debt through a negotiation. This prior procedure is a requirement to subsequently claim the debt through the courts.

In the event that the negotiation process does not reach a satisfactory result, the procedure is followed through the court system, which begins with a claim addressed to the Court of First Instance of the debtor’s domicile. If the debtor opposes it, denying the existence of the debt, the procedure is filed and the declaratory procedure continues according to the amount claimed.

Later, and depending on the amount of the debt, there will be a first oral trial that will be used to present evidence and reach an agreement in court, or it will be substantiated directly in a single trial. There may be agreement between the parties. Otherwise, judgment will be issued.

PRACTICAL EXAMPLE

A company sells material valued at 100,000 euros to a customer. These materials are credited with different invoices. After 3 months, the company that bought the material does not pay what it owes. It is at this moment when the selling company can present a judicial claim, with a prior payment requirement, which will allow you to speed up the procedures before the court for the collection of the debt quickly and effectively.

Contact us by phone (34) 636 13 47 45, and our specialist debt claim lawyers in Girona and Vidreres will study your specific case, without obligation

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