In Spain, we begin debt recovery with the extrajudicial phase, typically using a ‘requerimiento de pago’ for initial requests or ‘Proceso monitorio’ for more formal approaches. Fortunately, in about 95% of the solved cases, debtors pay during the extrajudicial phase. By choosing Byrival, you benefit from our team’s expertise in Spanish and European debt collection laws, ensuring effective handling of your case.
Our debt collection services operate under the 'No Cure = No Pay' model. This straightforward approach ensures that if we don't recover your debt, there are no commission fees for you. For successful debt recoveries, a commission fee is applicable, which in many cases is borne by the debtor.
For debt collection in Spain, we offer transparent start-up fee ranging between €75 and €175. This fee structure is designed to provide clarity and efficiency, ensuring that you are not faced with hidden charges or unexpected costs.
We prioritize amicable debt collection solutions, aiming for quick and cost-effective settlements. This method is highly effective in the Spanish context, resolving a large percentage of cases without resorting to time-consuming legal proceedings. Considering the significant delays in the judicial process, it is often wiser to prioritize extrajudicial debt collection efforts before considering legal recourse
If your case requires legal action, Byrival has established partnerships with experienced local law firms. The judiciary encompasses various court levels, including Municipal Courts (Juzgados de Paz) for small claims, District Courts (Juzgados de Primera Instancia), Commercial Courts (Juzgados de lo Mercantil) in major cities, Administrative Courts, provincial Appeal Courts, and the Supreme Court (Tribunale). Byrival will guide you through all the processes.
Our 'Travel to Collect' service is also available in Spain. This unique service involves personal visits to debtors, either within Spain or internationally, to expedite the debt recovery process.
You will be assigned a personal contact for your debt collection needs in Spain. This individualized attention ensures that you receive customized advice and regular updates about the progress of your case, keeping you well-informed and involved.
Today could be the first step towards resolving your debt collection issues in Spain. We're here to listen, understand your situation, and answer any questions and guide you towards successful debt recovery.
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With Byrival as your debt collection agency, you can rest assured that every case begins with an in-depth investigation into the debtor’s financial history and background. This essential step includes accessing specific Spanish databases like the Central Credit Register (CIRBE) for detailed financial insights and consulting the Registro de Aceptaciones Impagadas (RAI) for any history of unpaid bills.
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Your debt collection case will be assigned to a debt collection expert, chosen specifically for their expertise in your business sector. This ensures that the person handling your case understands the nuances of your industry. This personalized approach in gathering and analyzing this information ensures that your case is built on a solid foundation, allowing for a strategic and effective debt collection process.
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Within 24 hours of receiving a new case, we initiate contact with the Spanish debtor by issuing a “Requerimiento de Pago,” a formal demand for payment. This critical document is carefully crafted by your dedicated Spanish debt collection specialist, ensuring it’s specifically tailored to your case and clearly states the outstanding amount in Spanish. By taking immediate action and providing a customized approach, We effectively addresses each debt recovery situation with precision and professionalism.
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We are committed to resolving cases through amicable collection, focusing on settling debts without resorting to legal proceedings. Our approach includes direct negotiations, aiming to resolve most cases efficiently and cost-effectively. While we prioritize these amicable methods, if such efforts don’t lead to a resolution, we are equipped to initiate legal proceedings. If a Spanish debtor ignores the “Requerimiento de Pago,” we take further steps, for instance, we can list the debtor on the ASNEF blacklist, making it difficult for them to secure finance or establish new business ties.
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The court procedure typically follows these stages: firstly, the court issues a compelling order for debt payment; secondly, a court session is scheduled within a maximum of six weeks; thirdly, court proceedings are initiated for debts exceeding EUR 2,000, and for amounts over EUR 6,000, proceedings can extend up to two years. In the final stage, the creditor has the option to request the debtor’s bankruptcy. We will guide you throughout the entire process.
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Upon successful recovery of the debt, we will issue an invoice for our commission fee. Notably, in many cases, this fee is included in the settlement amount and is therefore paid by the debtor. If the debt recovery effort does not succeed, you will not be charged any fees, in line with our ‘No Cure, No Pay’ policy, which is designed to be client-friendly. The duration of the debt collection process varies. The extrajudicial phase is generally quicker, while judicial proceedings can extend for several months or more, depending on the complexity of the case.
At Byrival, our expertise as an international debt collection agency spans across various industries around the globe. Over the past 22+ years, we’ve built a wealth of knowledge in numerous sectors, thanks to our extensive and diverse clientele. Do you have cases outside these industries? No worries, we can still help you!
Contact us to discuss your case.
ByRival has 22 years of experience in Spain debt collection laws and practices. From initiating legal proceedings, like ‘Juicio verbal,’ to representing you in court with skillful cross-examination and evidence presentation, we ensure your case is well-prepared and diligently pursued. We also offer guidance on enforcement options, including ’embargo’ (asset seizure) and ‘procedimiento monitorio’ (fast-track procedure). Count on our experienced attorneys to provide tailored assistance throughout the debt recovery process, addressing your specific needs within the Spanish legal framework. Contact us today to discuss your unique situation.
Debt recovery procedures in Spain can typically last 8-12 months, considered relatively short in the country. Starting from 2015, public notaries can handle debt claims, and court proceedings can commence if the debtor fails to respond within 20 days.
Spain implements the Recast Directive 2011/7/EU, which stipulates that payments in the EU must be made within 60 days. Late payment interest can be claimed as agreed through a contract or calculated based on the European Central Bank’s refinancing rate increased by 8 percentage points. Creditors can also claim compensation for recovery expenses. However, the enforcement of late payment interest may be a negotiation tool during amicable collection and may not always be recovered during the legal phase.
Except for stock exchange-listed companies, there is limited publicly available financial information on domestic companies in Spain. However, businesses have an obligation to publish their financials in the official Mercantile Register. Lack of publication may lead to the closure of a company’s registration in the Register.
In Spain, the statute of limitations for debts varies depending on the type of debt. Generally, personal debts are subject to a five-year limitation period, but this can differ for other types, like commercial or tax-related ones.
