In order for your business to work, your customers have to pay their bills in a timely manner. Defaults lead to a considerable loss of time and money for companies. We have for years we have helped our clients, with excellent results to reduce the risk of default and to collect debts that were taken for losses.
We take care of
We can help you prevent your clients’ defaults and debt claims:
- We study the operation of your business and find solutions that fit your business.
- We provide you with a report of prevention measures to be implemented in your company to reduce the percentage of delinquent accounts.
- We write general contracting conditions adapted to your company (risk in delivery, deadlines, etc.) that can be inserted in your website, budgets, delivery notes and invoices.
- We write conditions for the case of non-payment of invoices (payment of debt collection expenses, etc.) that can be inserted in your website, budgets, delivery notes and invoices.
If you already have a debt to collect:
- We study the viability of the complaint in a friendly attempt and as a court claim.
- We obtain a report on the assets and solvency of the debtor to assess the real possibility of collection of defaults, and based on this information we assess whether or not the legal claim is viable.
- We make a first amicable attempt to claim the debt and conduct negotiations that are appropriate for the case, drafting deferred payment agreements, recognition of debt, etc.
- We formally claim by burofax if there is no intention of the debtor to pay voluntarily.
- After a reasonable time for the voluntary payment of the debt has transpired, we evaluate the convenience of filing a claim in court.
- We recommend the most advantageous type of court procedure and process all the court procedure until a sentence for payment of the debt is achieved.
If you already have a debt claim,download for free in the PDF below which is a model debt claim letter that you can send to the delinquent client as a preliminary step to the formal claim by your lawyers and thus try to collect the debt with the lowest possible preliminary cost.
We recommend that you send it by burofax with certificate of contents so that you have a proof of the notice given which can serve you in a judicial procedure, should the case arise.
What is the time bar for a debt?
The end of a time bar (statute of limitations) means losing the possibility of claiming a debt, both out of court and in court by virtue of the passage of the time periods provided by law:
Credit card debts: 15 years from the opening of the credit agreement with the bank.
Debts with Treasury: 4 years from the end of the period of payment in voluntary period.
Debts of supplies: 3 years from the date of issue of the invoice.
Debts for rent and maintenance of food: 5 years since they became due.
Bill of exchange and promissory note: 3 years from date of issue.
Check: 6 months from issue.
Sales and merchandising: 15 years from the date of issue of the invoice.
It is equally important to know that the statute of limitations can be interrupted by both the judicial and extrajudicial claim to the debtor, as well as by the express or tacit acknowledgment of the debtor of the debt, before the limitation periods established for each case are met. After the interruption, the period of prescription begins again.
In any case we recommend that you do not let more than 90 days pass after the debt is due. Experience shows us that older debts are harder to collect than recent ones.
What are court costs?
In many cases, the judicial sentence condemning the payment of the debt will determine the also payment of legal and you will be able to recover the expenses of lawyer, procurator and other expenses related to the judicial claim of the debt.
The maximum amount is one third of the amount of the lawsuit, thus, if you are claiming a debt of € 1,000, the maximum costs would amount to € 300. Ask us about your case to know the possibilities of recovering the expenses involved in the judicial claim of your debt.
Nuestra relación profesional con Elizabeth Powers comienza hace más de 25 años, cuando ejercía en Baker & McKenzie. Durante todos estos años de sólida relación profesional el equipo de Powers Abogados nos ha asistido en prácticamente todos los ámbitos legales de nuestra empresa tanto a nivel nacional como multinacional: gestión societaria como depósito de cuentas, fusiones, compraventa de acciones sociales, asesoramiento y redacción de contratos de distribución, agencia y comisión mercantil, protección de datos de carácter personal, reclamación de deudas, formalización, negociación y resolución amistosa de relaciones contractuales.
José Luis del Bosque, Director Financiero, Kalon Mantenimiento Industrial SA
Powers Abogados ha asesorado a Tecnitest en la negociación de acuerdos comerciales internacionales de agencia y distribución y en la constitución de sociedades con participación extranjera, de manera eficiente y con una comunicación fluida, colaborando positivamente con la dirección de la sociedad y sus abogados y fiscalista internos.
Diego Florez, Consejero Delegado, Tecnitest Ingenieros S.L., Madrid