Recovery of credits from the company
As a result of the current economic and health crisis, many restructuring operations are being carried out, both operational and financial, in order to adapt to the current situation of constant change in which we are immersed and thus strengthen the competitiveness and financial situation of companies.
In this context of business restructuring, our objective is to offer our clients solutions that will allow them to reduce the serious impact of the current pandemic on the business fabric and to manage to restructure the company’s accounts.
In this sense, there are many suppliers of goods or services who are unable to meet their payment obligations (invoices, delivery notes, commercial documents, contracts …), and against which there are legal actions to recover outstanding debts in favor of the company.
For this purpose, there is a procedure called “Procedimiento de Juicio monitorio” (Proceedings for Payment of Debts) which allows to claim the payment of monetary debts, due and payable, of a liquid and determined amount and of any amount.
To do so, it is sufficient to simply prove the debt by means of documents signed by the debtor, or by means of invoices, delivery notes or any other type of certification accrediting the debt. This type of procedure can also be used when commercial documents are provided to prove a previous longstanding relationship or even when it is accredited by certificates of non-payment for community fees.
The main advantage of this type of legal procedure is that its cost is much lower than other legal procedures and, if after the filing of the lawsuit, the debtor pays, within 2-3 months the debt may be recovered.
However, although the payment order procedure is designed for the rapid collection of monetary debts (due, unpaid and documented) and has the great advantage that in case the debtor does not pay or opposes the claim we can request the Court to execute it so that goods are directly seized from the debtor for the amount claimed, On many occasions this does not turn out to be the case, since the debtor required for payment can oppose the claim simply by denying the acknowledgement of the debt, which leads to the procedure being filed and the creditor having to initiate another type of judicial procedure known as the Declaratory Procedure.
In this sense, declarative procedures may be verbal or ordinary (those claiming amounts less than 6000 euros will be verbal, and those claiming amounts exceeding that amount will be ordinary).
The great difference between these procedures and the payment order is, apart from a higher cost than the payment order trial, that the processing time is much longer, since once the lawsuit has been filed, if the opposing party opposes it, a trial must be held, appeals can be filed, etc.), which can lead to the final resolution of the procedure taking between one and two years.
Notwithstanding the foregoing, although it may seem more efficient and quicker to initiate the payment procedure, due to its nature it may happen that once initiated, if the debtor objects, several months will pass and, at the end, a declaratory procedure must be initiated, with the tempos to which we have referred previously.
Therefore, in some cases, depending on the type of debtor, it may be more convenient to initiate, directly, a declaratory procedure, in order to try to gain some time, especially if the debtor’s solvency can make an imminent insolvency/insolvency situation foreseeable, which would lead to greater difficulty for the effective collection of the debt.
In case your company is facing non-payment by suppliers, from OBN& we offer to help you recover the outstanding debts in favor of society.
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An individual who develops an economic activity as self-employed needs to take into account that he/she is going to be taxed.
During the situation caused by the COVID-19, it has been tried that the taxpayer – at the fiscal level – or the citizens – at the general level – are not extremely harmed by the situation.
Noticias relacionadas
An individual who develops an economic activity as self-employed needs to take into account that he/she is going to be taxed.
During the situation caused by the COVID-19, it has been tried that the taxpayer – at the fiscal level – or the citizens – at the general level – are not extremely harmed by the situation.
