Introduction
In the business world, it is common to encounter situations in which a company or individual finds themselves in the need to claim a debt from a third party. When these friendly collection efforts are not successful, it is necessary to resort to legal procedures to effectively claim the debts.
What are the legal procedures for debt claims?
Legal procedures to collect debts are those legal actions that can be carried out to demand payment of a debt from a debtor who is in default. These procedures are regulated by law and aim to protect the rights of creditors and ensure that payment obligations are met.
Main legal procedures for debt claims
There are several legal procedures that can be used to claim a debt, among the most common are:
- Out-of-court claim: This is the debt collection process that is carried out before going to court. At this stage, the creditor sends claim letters, makes phone calls or may even hire specialized debt collection services.
- Monitoring process: This is a judicial procedure that allows debts to be claimed in a quick and simple manner, without the need for an ordinary trial. The debtor is notified and has a deadline to pay the debt or present allegations.
- Exchange trial: This is used in cases where the debt is documented in a negotiable instrument, such as a promissory note or a bill of exchange. The creditor can request payment of the debt more quickly through this procedure.
- Oral trial: This is a simpler and faster judicial procedure, in which debts of up to 6,000 euros can be claimed. It is carried out in a single hearing and the judge issues a ruling quickly.
Importance of having legal advice
In most cases, it is advisable to seek the advice of a commercial lawyer to carry out legal proceedings for debt collection in an effective manner. A lawyer will be able to study the case, advise the client on the available options and represent the client in court if necessary.
A lawyer specializing in legal procedures for debt claims is Eva Alcalá Salmerón, whose extensive experience in the sector and her high level of specialization make her an excellent option for those who need legal advice in this area. You can visit her website www.abogadagranada.es for more information about their services.
Conclusion
In conclusion, legal procedures for debt collection are essential tools to ensure compliance with payment obligations and protect the rights of creditors. It is important to know the available options and to have the advice of a legal professional to carry out these procedures effectively.
