If you are owed money and cannot get paid, at Perseus & RC Abogados we claim unpaid debts on behalf of companies and individuals in A Coruña. We start out of court and, if payment still does not arrive, we pursue the court proceedings best suited to your case, all the way through to attachment of the debtor’s assets.
When it makes sense to claim
Don’t let the debt grow old: the sooner you act, the easier it is to locate the debtor’s assets and avoid the claim becoming time-barred. We can help you with:
- Unpaid invoices between companies and to self-employed professionals.
- Loans and amounts owed between individuals, documented in any form.
- Unpaid rent and utility bills.
- Returned promissory notes, cheques and bills of exchange.
- Compensation and acknowledged amounts that have never been paid.
Order for payment proceedings, the most common route
For most unpaid debts, order for payment proceedings (procedimiento monitorio) are the most effective tool: there is no minimum amount, and it is enough to prove the debt with documents. The court demands payment from the debtor and, if within 20 days the debtor neither pays nor objects, enforcement opens directly.
Before going to court, we send a formal, documented demand for payment (burofax). In many cases that first step, coming from a law firm, is enough to make the debtor pay or negotiate.
From the demand to attachment of assets
If the debtor ignores the court’s demand, we apply for enforcement and the attachment of their assets: bank accounts, wages, tax refunds, vehicles or property, until the principal, the interest and the costs are covered. We look into the debtor’s solvency beforehand so that the claim does not end up worthless on paper.
Time limits: don’t let the debt lapse
As a general rule, personal claims become time-barred after 5 years (article 1964 of the Civil Code). Every formal, documented demand interrupts the limitation period and restarts the clock, which is why documenting each step matters so much. We review your case to confirm the applicable period and act in good time.
Frequently asked questions
What do I need in order to claim a debt?
A single document evidencing the debt is enough: an invoice, a contract, a promissory note, a signed delivery note, an email acknowledging the amount or any record showing that the other party owes you money. That is enough to start order for payment proceedings, with no minimum amount.
How long do order for payment proceedings take?
If the debtor neither objects nor pays within 20 days of the court's demand, the case moves straight to enforcement and attachment of assets, so it can be resolved within a few months. If the debtor does object, the matter continues through whichever type of trial corresponds to the amount claimed.
What happens if the debtor does not pay after the court's demand?
If the debtor neither pays nor objects, the court issues an order closing the proceedings and enforcement is ordered: bank accounts, wages, tax refunds or the debtor's assets can be attached until the debt, interest and costs are covered.
When does a debt become time-barred?
As a general rule, personal claims with no special limitation period expire after 5 years (article 1964 of the Civil Code, following the 2015 reform). It is worth reviewing each case, because some debts carry different periods and any formal, documented demand interrupts the limitation period and restarts the count.
Can I claim a debt if I have no signed contract?
Yes. For order for payment proceedings any document showing the debt will do: invoices, delivery notes, emails or messages acknowledging the amount, promissory notes and the like. You do not need a formal contract signed by both parties.
And what if the debtor has no assets to pay with?
Even so, it is worth obtaining a court's recognition of the debt: enforcement can be reactivated once the debtor has income or assets, and a court-recognised debt does not disappear simply because it cannot be collected today. We look into the debtor's solvency before deciding on a strategy.