Assisting Foreign Lawyers in Spain
We advice and assist other lawyers and their clients in Spain
Because we advise each and every single client taking into consideration their global situation.
We speak four different languages to advise our clients in their own language.
We always contact the other party to negotiate an amicable solution.
We represent our clients’ interest anywhere in Spain, according to our availability.
Our experience in litigation law guarantees a professional and effective service.
If we cannot help you, we refer you to an alternative law firm.
We consider your case as our own, and work in your interests from the beginning, aiming to reach an amicable solution wherever possible. We will only take debtors to court in the event of non-communication on their part.
Frequently Asked Questions
Is there a time limit for debts in Spain?
The time limit depends on the region of Spain, as well as the type of debt; the common time limit in Spain is 15 years, and in Catalonia for example, it is three years. This time limit starts from the time of purchase, service or business transaction carried out by the creditor, but it can be interrupted with a payment requirement, a court claim, or a deed of acknowledgment of debt signed by the debtor.
Once the creditor has interrupted expiration, a new time period is established for the creditor. Once this has expired, the creditor loses his right to claim the debtor for the money. However, once the enforcement procedure has started, the debtor’s rights don’t expire.
A debt statement deed simplifies an eventual enforcement procedure
A debt statement deed is a document signed by the debtor at a Notary office, where the debtor recognizes the debt as well as the creditor’s rights, to negotiate payment instalments.
However, this deed can be even more useful for the creditor, even if the debtor doesn’t pay the instalments, because it allows the creditor to start an enforcement procedure against him, avoiding any trial, statement or previous appearance in court. The debtor would only have the right to submit an opposition statement, but it won’t delay the enforcement procedure.
The enforcement procedure gives the creditor access to information regarding the debtor’s assets
Once the enforcement procedure has been initiated by the creditor and confirmed by the court, the attorney is legitimated to apply for the debtor assets investigation.
This investigation is made through an electronic application connected to different authorities including, the Tax Office, the Land Registry and the Social Security, using the debtor’s NIE, DNI or VAT number, to obtain a brief report regarding all the debtor’s assets, income or properties.
Once the court has the result of the investigation, it is sent to the attorney who can request that any goods be seized, provided their value covers the debt.
If the creditor is owed outstanding debt involving bills, and the debtor doesn’t answer a brief “pre-claim” no trial is necessary and the enforcement process can commence
Spanish civil litigation law sets a very specific regulation for debts regarding physical bills: The creditor is legitimated to submit a very brief claim against the creditor. This claim
would be notified to the debtor who has the choice to recognize the facts, or make an opposition statement in defence. If the debtor recognized the facts or does not submit any other statement within ten days, then the creditor’s attorney will be able to initiate an enforcement procedure avoiding a trial, which simplifies the process considerably.
However, if the debtor submits an opposition statement in defence, then the court will start the common process for a trial.
Proof of debt is required (bills, delivery notes), and must be translated to Spanish by a sworn translator
The most important consideration to be taken into account is that proof of debt must be duly translated, as Spanish law does not admit any foreign document without its corresponding sworn translation, and public documents require legalization including the Hague Apostille or the Spanish Consulate stamp if the country of origin is not part of the Hague Apostille treaty.
The most important documents required for litigation of a debt claim are basically the creditor’s invoices, the goods/services delivery notes, the contract, any payment requirement, and any answer from the debtor recognizing the debt.
Additionally, if the creditor is a company, legitimization must be provided by the director in the company’s certificate of incorporation, and Power of Attorney granted to the Lawyer and Attorney. The Power of Attorney can be signed at any Spanish Notary, Spanish Consulate, or a foreigner notary including the Hague Apostille.
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