Claims Management
- Payment management.
- Friendly and harmful claim.
- Judicial claim to national or international debtors.
- VAT recovery of unpaid invoices.
In a first phase we proceed to the extrajudicial claim with a registered letter with notice of receipt, urging the debtor to pay; telephone negotiations; facilitating a meeting with the debtor on a possible deferred payment of the debt and setting the default interest inherent thereto; monitoring of the effective settlement of the debt as agreed.
The judicial claim of unpaid bills until recently was in many cases an unfeasible alternative due to the disproportion of costs in relation to the profit obtained, especially for small amounts. With the reform of the Law of Civil Procedure of 2000, which introduced the figure of the process monitorio, a tool was launched to claim and collect debts in an agile and accessible, compared to the previous situation.
The management of these procedures is a task that can lead to multiple phases, from the submission of the initial petition, to the judicial execution after obtaining the sentence.
The only necessary means to initiate a monitoring process on behalf of our clients are:
- Copies of the documents evidencing the debt (invoices, contracts, certifications, etc.)
- Writing power.
The advantages offered by the judicial claim are:
- Possibility of recovering the VAT of the claimed invoices.
- Debt accrues interests: the legal interest, which is increased by two points from the sentence; and in commercial claims, may be applicable the one set by the European Bank plus seven points.
- Obtaining a firm sentence of conviction practically prevents the prescription of debt.
- In case of apparent insolvency, the Court can obtain information from various bodies (not accessible to individuals), in order to locate possible seizures.
Montelongo Asesores is in charge of informing you legally of all the procedures, necessary means and time that it takes to process the Monitoring Procedure, taking care of all your procedure.
In particular our team of lawyers is specialized in the processing of:
- Claiming of unpaid bills and outstanding bills.
- Claim letters, checks and promissory notes.
- Claim of labor debts.
- Foreclosures.
- Claim of commercial debts.
- Claim of effects.
- Claim for breach of contract.
- Quantity claims.
- Claim of civil amounts.
- Claim of compensation for accidents.
- Claim of compensation for traffic accidents.
- Claim of construction defects, hidden defects, etc. in a sale.
- Claim for civil liability.
- Inclusion of defaulters in the RAI (Record of Accepted Payments).
