Claiming an amount at work
Our Employment Lawyers, specialised in Employment Law, will be able to offer you our professional services in the claim for the amount that the company or the worker may owe you.
If you wish, in addition to being attended in our law firm in Madrid, we offer you the possibility of our employment lawyers attending you in our offices in Pozuelo de Alarcón and Majadahonda.
Wage Claims
Our Employment Lawyers, specialised in Employment Law, will be able to offer you our professional services in the claim for the amount that the company or the worker may owe you.
If you wish, in addition to being attended in our Law Firm in Madrid, we offer you the possibility of our Labour Lawyers attending you in our offices in Pozuelo de Alarcón and Majadahonda.
Termination Claims
Our Employment Lawyers, specialised in Employment Law, will be able to offer you our professional services in claiming the severance pay that the company or the worker may owe you.
If you wish, in addition to being attended in our law firm in Madrid, we offer you the possibility of our employment lawyers attending you in our offices in Pozuelo de Alarcón and Majadahonda.
According to the Civil Code, a claim for payment is any action brought in court for the purpose of demanding payment of a debt. Generally, it is usually derived from the non-fulfilment of the obligation to pay the debt within the established terms and deadlines. Here we would like to talk to you in depth about this figure so that you know what to do in case you want to make one.
Claims for payment: preliminary issues to be taken into account
A civil claim is the only way to ensure the collection of a debt. It is true that it is a judicial process and that you will therefore have to face certain costs, such as, for example, the hiring of a lawyer.
It is true that, generally, this type of claim is settled amicably, which speeds up the process and reduces costs. However, there are many cases in which the debtor refuses to pay. In such situations, only a judge can force the debtor to pay.
What you need to do before filing a claim for payment
There are three very simple actions:
- Contact a lawyer who specialises in claims for payment. He or she will advise you on the timing of the procedure, the costs associated with it and, above all, the feasibility of pursuing it.
- Gather the documentation. You should look for all the documents that prove that the debt exists. They should also certify its value and the reasons why payment is due.
- Check that the debtor is able to pay the debt. The judgement issued by the judge after the conclusion of the debt recovery process will only condemn the debtor to pay the debt. However, the debtor may later claim that he or she lacks the financial resources to pay the debt. In this situation, the only option left is to go back to court to ask for the assets necessary to pay the amount owed to be seized.
What is the time limit for claiming payment of a debt?
In general, debts are time-barred after 5 years. This is the case for debts related to non-payment of rent or alimony and bank card credit. This is stipulated in article 1964 of the Civil Code. However, there are exceptions depending on the nature of the debt.
For example, mortgage debts are not time-barred for 20 years. Likewise, those contracted with the Tax Agency and the Social Security do so after 4 years. Those related to the payment of utilities expire after 3 years.
To prevent a debt from becoming time-barred, it is necessary to send the debtor a debt demand letter. Ideally, a burofax should be used as a means of proof that this step has been taken. This automatically restarts the limitation period.
How is a civil claim for payment made?
There are several alternatives that appear in the Civil Procedure Act. Most of them are reached when out-of-court claims have been exhausted and when the amicable route has not been possible. Let's take a look at them:
- The ordinary lawsuit. This can only be used when the amount claimed exceeds €6,000 or simply cannot be accurately determined in advance. To initiate the process, it is essential to file a civil lawsuit. Once notified, the debtor must respond within 20 days, after which a preliminary hearing will be held to reach an agreement. If this does not happen, the two parties will provide the judge with all the evidence they possess so that the judge can decide.
- Verbal trial. Exclusive for claims for amounts of less than €6000. In fact, if it does not reach €2,000, you can go to it without the need to hire a lawyer. The process is practically identical, except that the deadlines are shorter. So much so that, in just 10 days from the start of the process, the judge will issue a judgement.
- The payment order procedure. This does not require the presence of a lawyer if the debt is less than €2,000, although it is advisable to have one to avoid unforeseen events. It is undoubtedly the quickest and most agile option. All you have to do is submit a request with the documents that prove that the debt exists and the exact amount of the debt. The Judicial Office will automatically require the debtor to pay the amount. You will only have to go to court if you refuse to do so.
- The exchange process. This is a process exclusively for those debts that can only be accredited by cheques, promissory notes or bills of exchange. In this process, the court demands payment of the debt within 10 days. As a special mechanism, it proceeds to the preventive seizure of your assets in order to ensure that you do so.
Other aspects of interest on claims for payment
If you win the case, you can demand that the debtor also pay the costs of the proceedings (only if the debt was more than €2,000). These are mainly lawyer's and solicitor's fees. The same applies to late payment and procedural interest. Only if the debtor still refuses to pay after the judgement on the claim for payment, may he or she resort to enforcement proceedings and request the seizure of his or her assets for subsequent auction.
In short, although it is not always necessary, it is essential to have the legal assistance of a lawyer specialised in claims for payment. Only through it is it possible to guarantee the success of the process and the collection of the entire debt.
Judicial Claim
The claim period for salary debts is ONE YEAR. This action is subject to the statute of limitations.
Our Employment Lawyers in Madrid will advise you at all times on the steps and procedures to be followed at all times.
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