bbs-abogados-especialistas

"Created in 1988 BBS Abogados Asociados Asesores Legales y Tributarios specializes in all the fields that make up the law of the company."

Debt Claim

Extrajudicial Debt Claim:

Payment request via burofax. In this communication the defaulter is detailed the total amount of the non-payment, offering him a short term to settle his debt.

This claim is very important in order to interrupt the prescription and, in turn, in terms of costs. In relation to this last point, if the creditor files a claim, in the event that the debtor acquiesces within the response period, if a prior extrajudicial claim had been made, the debtor will be charged the costs.

In case of not obtaining a satisfactory answer or solution, the extrajudicial means would be considered exhausted, and we will file the corresponding judicial claim.

Judicial Claim of Debts:

There are different ways of claiming debts from the courts. It depends on the specific case, it will be more convenient to take one route or another.
1) Order for payment procedure: it is a judicial procedure to claim the payment of monetary debts of any amount provided that they meet a series of requirements:

It is a monetary, liquid, determined, expired and enforceable debt.
That the debt is credited in one of the following ways:
Documents that appear signed by the debtor or with his seal, imprint or mark or with any other sign, physical or electronic.
By means of invoices, delivery notes, certifications, telefax telegrams or any other documents that, even unilaterally created by the creditor, are those that usually document credits and debts in class relationships that appear to exist between creditor and debtor.

2) Corresponding declarative judgment based on the amount owed (ordinary or verbal).
3) Demand for execution: in case you have an executive title, either judicial (EJ: sentence) or extrajudicial (EJ: Public deed). Through the demand for execution, the seizure of the debtor’s assets is requested for the forced collection of the amount pending payment, interests and costs of the executive.

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