DISPUTES AND PROCEEDINGS · EU RESIDENTS
Unpaid debts and breach of contract in Spain
Before pursuing a debtor, establish the obligation, evidence and practical recovery prospects. We prepare an approach suited to the claim and the circumstances.
THE STEPS INVOLVED
From initial review
to practical completion.
Checking the debt
The contract, invoices, delivery evidence, part-payments and correspondence help establish what is due. We assess any dispute and the relevant payment dates.
Discuss your situationIdentifying the debtor and assets
The correct person or company must be pursued. Available information about their position and assets helps assess the economic value of recovery action.
Discuss your situationDemand and negotiation
We formulate the demand and check the applicable pre-action requirements. A proposed payment plan should address security and the consequences of another default.
Discuss your situationSelecting the legal route
The appropriate process depends on the evidence, amount, dispute and international elements. If a decision is obtained, we examine the measures available to enforce it in Spain.
Discuss your situationINITIAL DOCUMENTS
A clear starting point
for your case.
You do not need a complete file to get started. After an initial review, we explain which documents are still needed.
- Agreement and invoices
- Evidence of performance or delivery
- Demands and any acknowledgement
- Debtor details and part-payments
EU RESIDENTS AND SPAIN
For clients resident in the EU
Your country of residence, nationality and family circumstances may point to different legal and tax requirements. We establish the facts and coordinate your Spanish matter with the relevant advisers.
- Court jurisdiction depends on the claim, contract and other connecting factors, not simply your EU residence.
- EU mechanisms may assist with service, evidence or enforcement, but participation and scope must be checked for the countries and subject matter involved.
- Prepare the relevant contracts, payments and correspondence, with translations required for the Spanish proceedings.
- The origin and type of a foreign judgment determine its enforcement route. The creditor’s EU residence is not sufficient on its own.
FREQUENTLY ASKED QUESTIONS
What you may want
to know before acting.
Is an invoice always enough?
It can be important evidence, but the agreement, performance and payment obligation may also need to be proved.
Is recovery guaranteed?
No. A favourable decision does not guarantee solvency or immediate payment.
Should I accept instalments?
That depends on the terms, timetable and security. The agreement should preserve appropriate remedies if payments stop again.
Can I use an EU enforcement procedure just because I live in the EU?
No. The issuing country, type and date of the decision and the scope of the relevant instrument must also be checked.
Will you work with my adviser abroad?
Yes, where appropriate and with your agreement. We coordinate the Spanish documents and steps with your own qualified adviser, who remains responsible for advice and filings in their jurisdiction.
LET’S DISCUSS YOUR CASE
Would you like us to review your situation?
Tell us about your plans or concerns. We will connect you with the appropriate specialist in our team in Spain.
Send us your question through the contact form. We will connect you with the right specialist.
Go to the contact formThis is general information, to be applied to your circumstances and the rules in force. Sirejacob Legal & Tax advises on your matter in Spain. Foreign law and overseas filings are handled, where needed, with your own qualified adviser.