RDT Abogados offer clients a professional and efficient cross border debt recovery service.
Clients benefit from RDT Abogados’ infrastructure, expertise and presence in both Spain and the UK.
Is the debt claim in Spain similar to the UK?
Overall it is, as much as they are everywhere.
To claim a debt is the action taken against a debtor, that is the person who owes an amount of money to the claimant, or creditor.
This debt might have been caused for a number of reasons, a contract now in breach, a loan, a business partnership, etc.
But in plain words, any monies legitimately owed can be claimed in the place of residence of the debtor.
However, the task of recovering monies owed to you from either companies or individuals can seem daunting, especially if they are located in Spain.
This is where our firm can specifically assist you as we can take your case in the UK and act through our solicitors in Spain against the debtor.
Does it have an extra cost, the fact that the debtor is abroad?
Not necessarily. In most cases our legal fees are a percentage of the sum recovered.
In some cases there are small administrative costs, but these are virtually nominal. Where the claim is taken to Court there are some inevitable disbursements.
RDT always consults with the client regarding these costs and disbursements before incurring the same.
What are the requisites, what do you need to recover a debt for me in Spain?
The requisites are simple: an overdue net sum and proof of the debt.
The debt can be proved by a contract or an agreement, bank statements, title deeds, etc. But it is necessary that the debt is documented.
Unfortunately a debt that is not supported by solid evidence or documents cannot be claimed, as the debtor can (and certainly will) merely deny the existence of the debt.
To recap: the debt must consist of an overdue net sum and must be documented.
Another important point is that the claimant must provide the current address of the debtor, their last known whereabouts or at least where he or she works.
It is virtually impossible to file a claim against a person of whom no details of residence at all are known.
Do you go to Court directly and sue the debtor?
For starters the Spanish Court will not accept a claim made against a debtor if the claimant cannot prove that they have tried to recover the debt in a friendly fashion first.
Thus, RDT will always try and communicate with the debtor and if these conversations prove unsuccessful then we will have to serve the said debtor with a pre-litigation notice, giving a minimum of seven days to pay the debt.
When this term elapses (and only when it does) the claim can be filed at the Court.
So if I have a documented debt and de debtor lives in Spain, can you then guarantee that I will recover my money?
If you are owed money and the debt is well documented we can guarantee that will achieve a Court rule ordering the payment.
However, it is essential to be aware that to enforce the ruling and receive payment the debtor must be solvent.
Even with a Court resolution, if the debtor does not have sufficient assets (property, funds in banks accounts, cars, etc.) to be seized, you will not recover the debt.
So what can I do to assess this point regarding the solvency of the debtor?
Our service includes a solvency check, in which we do a basic run of the Spanish Land Registry and other public offices to see the assets a person has registered in their name.
We do this before going to Court and on some occasions we recommend our clients not to proceed to Court to recover the sums, as this will only incur unnecessary additional costs.
However, in most cases we are able to locate assets in the debtor´s name and we manage to have these assets seized and / or embargoed pending to the Judgement passed and enforced.
I have a County Court Judgement but the debtor has moved to Spain, do I have to start the process all over again?
No, there is a specific route in the Spanish Legal system to enforce rules and Judgements passed by foreign Courts.
The claim will not be reviewed again, but rather the judgement already issued will be translated and enforced as if it was a local Judgment.
In general, we offer personal debt recovery advice, including free, no-obligation consultations, and if necessary take action against an individual or a company that you have a dispute with.
We work quickly and efficiently with a specialised team as we understand that when you’re owed money or in a dispute you need a fast resolution.
We are often able to work on a no-win-no fee basis.
Further information is available on our corporate website www.rdtcorporate.es
Contact us today for a no-obligation consultation.