Businesses
Debt recovery and court collection in Barcelona
If a customer fails to pay an invoice, time works against you. We help you decide which route is worthwhile —a demand, negotiation, payment order or litigation— depending on the debt, evidence and debtor's solvency, and enforce the judgment where necessary.
At a glance
- Payment order proceedings allow documented, due and enforceable monetary debts to be claimed without an initial trial if the debtor does not object.
- Before claiming, it is advisable to check the evidence (contract, delivery notes, invoices and communications) and the debtor's solvency.
- Late-payment legislation allows claims for late-payment interest and minimum compensation of €40 for recovery costs.
Situations in which we can help
Demands and negotiation
Formally evidenced demands and payment agreements before court proceedings.
Payment order proceedings
Claims for documented debts without a prior trial if the debtor does not object.
Verbal or ordinary proceedings
Where the debtor objects or the debt requires more extensive evidence.
Enforcement and attachment
Compulsory recovery under a judgment: accounts, goods, property and other assets.
International collection
Claims against debtors in other countries, analysing jurisdiction and applicable mechanisms.
Solvency assessment
Prior analysis of recovery prospects and the debtor's assets.
Arbitration and mediation
Alternative routes for complex recovery cases or commercial disputes.
From non-payment to enforcement
This is the usual sequence. Many debts are resolved during the early stages, which is why it is advisable to start there.
Review of the debt and evidence
We check that the debt is quantified, due and enforceable, and gather the contract, invoices, delivery notes and communications.
Demand and negotiation
A formally evidenced written demand sets out the claim, interrupts limitation and opens negotiations on payment or a schedule.
Payment order proceedings
The court demands payment from the debtor, who has 20 working days to pay or lodge an objection.
If the debtor objects: litigation
The claim continues in verbal or ordinary proceedings, depending on value. The evidence collected beforehand carries the most weight.
Enforcement
With an enforceable title, attachment measures and investigations into the debtor's assets are requested.
How we work
Feasibility assessment
We assess evidence, solvency and the balance between costs and expected recovery. If it is not worthwhile, we tell you.
Written proposal
We explain the recommended route, scope, costs and approximate deadlines.
Action
We demand payment, negotiate and, where necessary, bring court proceedings.
Recovery and closure
We follow enforcement until payment or until concluding that recovery is not possible.
Deadlines and points to bear in mind
- Payment deadlines and late payment
- Generally, the law sets 30 days for payment, extendable by agreement to 60. Once the deadline passes, late-payment interest accrues without a reminder.
- Limitation
- Debts become time-barred. The period depends on the type of debt and the law governing the contract; a formally evidenced demand may interrupt it.
- Payment order proceedings
- Once the demand is served, the debtor has 20 working days to pay or object. If they do neither, enforcement may be requested.
- Lawyer and court representative
- The initial payment order application may be filed without a lawyer or court representative, regardless of value. Their involvement in an objection or subsequent enforcement depends on the rules for each stage, including the amount claimed.
Frequently asked questions
When is court action to recover a debt worthwhile?
When the debt is documented, the debtor is solvent or has identifiable assets and the foreseeable cost is proportionate. This is why we start by assessing evidence and solvency: sometimes the best route is negotiation with an agreed, secured payment schedule.
What are payment order proceedings?
They are special court proceedings for documented monetary debts that are due, enforceable and of a specified amount (invoices, delivery notes, contracts and communications). The court demands payment: if the debtor pays, the case ends; if they do not respond, enforcement follows; if they object, the claim continues through a trial.
What happens if the debtor objects?
The matter is resolved in verbal or ordinary proceedings, depending on value. Good prior documentation carries the most weight at that stage.
What if the debtor has no assets or has disappeared?
Their assets (accounts, property, vehicles and income) are investigated through registers and the court's asset-tracing services. Without assets, a judgment may have no practical effect; this is why we assess solvency before starting. Insolvency routes also exist where the debtor is insolvent.
Can debts be recovered from customers in another country?
Yes. The competent court and applicable law must be established, and mechanisms such as the European order for payment or international conventions considered. We first assess whether final recovery is feasible in the debtor's country.
Must an agreement be attempted before suing?
Since April 2025, Organic Law 1/2025 requires evidence of an attempt at prior negotiation (an appropriate dispute resolution method) for most civil and commercial claims. Its precise scope, for example in payment order proceedings, is being clarified by court practice; we therefore document negotiation from the first demand.
Can I place the debtor on a credit default register?
Only under strict requirements: the debt must be certain, due and enforceable, payment must have been demanded and possible inclusion notified, and the debt must not be disputed. Improper inclusion can lead to claims and data-protection penalties.
Guides on Debt Recovery and Court Collection
General information to help you prepare before we assess your case.
General information, not advice. Each case needs individual study. Deadlines and rules may change.
Contact
Tell us about your case.
Briefly tell us what you need. We will review your message and contact you to discuss an initial consultation. The consultation carries a fee, which we will explain in writing before confirming it.