Someone owes you money (an invoice, rent, a loan between individuals) and they won't pay. You have several ways to claim it, from the simplest to going to court. Here we explain which one to use.
First: the out-of-court claim
Before going to court, it is usually worth sending a formal demand for payment, normally by burofax (a legally certified letter with proof of content and delivery, issued by the Spanish post office). It puts the debt on record, interrupts the limitation period and is often enough to get the debtor to pay or negotiate.
The order-for-payment procedure
If they don't pay, the order-for-payment procedure (monitorio) is the fast track for monetary debts that can be evidenced with documents (invoices, contracts, delivery notes, etc.). The court orders the debtor to pay within 20 days; if they neither pay nor object, the matter can move on to enforcement.
Court proceedings
If the debtor objects to the order for payment, or if the debt doesn't fit that route, the claim proceeds through oral or ordinary court proceedings depending on the amount, where the merits are argued before the judge.
Mind the limitation periods
Debts cannot be claimed forever. In Catalonia, as a general rule, personal claims with no special deadline lapse after 10 years (art. 121-20 of the Civil Code of Catalonia).
That general rule, however, is not the one that applies to most everyday debts. Art. 121-21 CCCat sets a much shorter period of 3 years for claims such as: periodic payments due yearly or at shorter intervals (rent, for instance); remuneration for services rendered and works carried out; payment of the price in sales of movable goods and in supply contracts; and claims arising from non-contractual liability. In other words, many unpaid invoices and rents lapse after 3 years, not 10.
Outside Catalan civil law the periods may be different. That's why it's essential not to let it slide and to interrupt the limitation period in time.
Is it worth claiming?
It depends on the amount, the evidence and the debtor's solvency. A lawyer can assess this before starting and choose the most efficient route.
At Barnils & Díaz Advocats we study your case and choose the fastest route to claim the debt. Discover our Civil Law practice area or book a consultation.
