How do I collect a debt?

The fulfilment of obligations is essential for the normal development of the economy. Let us think of sensitive cases, such as business relations, in which the survival of a company is at stake; labour relations in which the livelihood of a family economy is at risk; compensation for damages, which must compensate the victim of a damage, for example, that caused in an accident, etc. In short, we can say that not receiving payment of the consideration can be a matter of at least serious and detrimental. As we have seen, obligations can be of many kinds, although those of a pecuniary nature (money in exchange for goods or services) are the most common.

So, how should we proceed?

It is usual that this type of economic transactions are accredited, either by invoice, delivery note, service contract, acknowledgement of debt etc. In addition to being documented, obligations of this type meet certain specific requirements, namely: they are of a fixed amount; they are overdue, meaning that the period set for their payment has expired; and, finally, they are payable, i.e. there is no legal impediment to their collection. When this is the case, it is relatively easy to demand payment of the same, and it is possible (and advisable) to opt for voluntary or extrajudicial claims or for legal action. In this sense, the obligations to which we have been referring have a privileged and simplified collection channel: the order for payment procedure, in which, if the judicial order is disregarded, enforcement is carried out without further formalities.

A good management of the recovery is fundamental for the recovery of debts, hence the usefulness of resorting to professionals who promote an economic and efficient claim strategy, as well as the claiming of interests that may have been generated since the debt was due. In view of this situation, do not hesitate to contact our law firm in Gijón.

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