Both in the commercial activity of companies and in the day-to-day life of individuals, there are situations in which a debt is not paid in the corresponding amount, nor within the stipulated period.
So, if I find myself in a non-payment situation in MalagaWhat can I do? This is what we are going to talk about next.
What types of debts can I claim in Malaga?
Any unpaid debt can be claimed, whether or not it is included in a contract and regardless of the amount.
The types of debt that are commonly claimed are:
Claiming unpaid debts arising from non-compliance contractual.
This refers to debts arising from obligations under a contract and one of the parties involved is in breach of its obligations.
Reclamación de impagos derivado de incumplimiento extracontractual.
It arises from a breach of duty owed by one person to another, -civil liability–, sin la existencia previa de un contrato.
Reclamación de impagos de cheques, letras o pagarés vencidos.
Most often, there are no funds in the bank account and at the time of collection, it is not possible.
Reclamación de impagos en la comunidad de vecinos.
They arise from the default of one or more neighbours for non-payment of community fees.
Any other type of non-payment is susceptible to to be claimed. Includes all non-payments not included in the previous sections.
Proceedings: out-of-court and in-court.
For claiming debts in MalagaThere are two different routes that are not mutually exclusive, so there is the possibility of using both when one of them has not worked.
Before resorting to legal action, it is advisable to follow the steps below from the out-of-court procedures:
- Collect information and documentation. This will make it easier to understand the situation and, in the event of legal action, to clarify what happened.
- Contact the debtor directly to claim the debt. If the non-payment was a misunderstanding or if the debtor wants to pay the debt, he will pay and avoid going to court.
- Contact a law firm or debt collection company. These are lawyers or professionals who are responsible for claiming unpaid debts on behalf of the creditor.
However, it is not always possible to resolve the problem without going to court, and in relation to the judicial channelsThere are different options depending mainly on the documentation and the amount to be claimed:
- Exchange proceedings. This occurs when the debt is documented in a cheque, promissory note or bill of exchange. In this case, the judge assesses whether or not the legal requirements set out in Exchange and Cheque Law, and once the claim has been accepted, the debtor is required to pay his obligation within 10 days. If the summons is not complied with, enforcement is ordered by seizure of the debtor's assets.
- Order for payment proceedings. This is the simplest procedure, since if there is no opposition from the debtor, it will be easily enforced. Otherwise, we must continue with the declaratory procedure.
- Declaratory procedure. It can be ordinary or oral proceedings. The first of these, which is regulated in the Art. 249 ,Ley de Enjuiciamiento Civil (Civil Procedure Act)- will be concluded if the criteria of subject matter and amount are met.
By subject matter, they will be processed:
- Honorary rights of persons (Art. 249.1.1º LEC).
- Protection of the right to honour, privacy and self-image (Art. 249.1.2º).
- Civil protection of fundamental rights other than those provided for in Art. 18.1 CE (Art. 249.1.2º).
- Challenging company resolutions (Art. 249.1.3º).
- Unfair competition (Art. 249.1.4º).
- Industrial property (Art. 249.1.4º).
- Intellectual property (Art.249.1.4º).
- Publicity (Art. 249.1.4º).
- General contracting conditions (Art.249.1.5º).
- Urban leases of real estate (except eviction) (Art.249.1.6º).
- Withdrawal (Art. 249.1.7º).
- Horizontal property: cessation of prohibited activities, adoption and challenge of community agreements, demand for payment of the economic concepts of Art. 9 LPH (Art. 249.1.8º).
In terms of amount, both claims for more than 6,000 euros and those for which it is not possible to calculate the economic interest will be processed by means of the ordinary trial.
The verbal trial will be processed if the claims are equal to or less than 6,000 euros and in relation to the subject matter:
- Claims for non-payment of rents, leases and evictions due to non-payment or expiry of the contractually fixed term.
- Recovery of full possession of a rural or urban property transferred in precariousness.
- Interdicts to acquire, recover and retain possession.
- Suspension of new construction.
- Demolition or demolition of a ruinous building.
- Registry protection of rights in rem.
- Action to rectify inaccurate and damaging facts.
- Instalment sales of real estate.
- Breach of leasing contracts.
- Action for injunction in defence of the collective and diffuse interests of consumers and users.
- Effectiveness of rights under Art. 160 of the Civil Code.
Debt collection lawyers in Malaga
If you are facing a debt recovery procedure in Malaga, our lawyers specialising in non-payment and debts in Malaga can advise you on the steps to take depending on your situation.