Recovering debt from a group or individual can be a daunting task if you are unsure how to initiate proceedings or where to look. If you are owed money and are looking to recover sums of money from a national or non-national of Spain then you will need someone with the expertise and experience to handle debt recovery in any jurisdiction.
Tracing and recovering assets can also be a costly and time-consuming process if you are unsure where to begin looking. If you suspect that a person or company may own assets in Spain, or you are a trustee in bankruptcy seeking to recover assets in the bankruptcy estate for creditors, E&G Solicitors in Spain can use cost-effective methods to help you identify those assets and deal with them accordingly.
The process of recovering a debt in Spain
We act for several Comunidades de Propietarios (Communities of Property Owners) throughout Spain, helping them to recover debt owned by property owners who have failed to pay their obligatory service charge, better known in Spain as Community Fees.
If one or more owners fail to make a payment of the Community Fees it can have disastrous financial consequences on the remaining, paying, property owners. E&G Solicitors in Spain can assist responsible property owners to recover money owing to them by defaulting owners. We are able to make a fast track claim on behalf of the Comunidades de Propietarios to enforce the debt by registering a charge against the property of the owner in default, which could ultimately lead to the sale of the property at public auction in order to recover the debt.
The process of recovering an asset in Spain
Trying to locate bank accounts, buildings, land, boats, vehicles or any other registrable assets belonging to an individual or a company can be costly if you are unfamiliar with Spanish law. E&G Solicitors in Spain offers a cost-effective method of evidence gathering and tracing those assets on your behalf.
We can also protect the interest of a trustee in bankruptcy in respect of any assets situated in Spain and registered in the name of a bankrupt. This is done first by registering the trustee’s interest and then making a court application to gain access to any buildings and/or bank accounts on the trustee’s behalf, followed by a sale of the property, either on the open market or in a public auction, i.e. a forced sale.
In relation to debt recovery, we establish the fees that we charge based on a number of factors, which are as follows:
The size of the debt
How the debt was incurred
How long the debt has been outstanding
The history of your attempts to recover the debt
The identity of the debtor and the relative solvency of the debtor
Other factors that may be applicable to the debt, such as you may describe to us
Once we have received that information we will be happy to provide you with either an estimate or a quotation of our fees. If appropriate, we may be prepared to enter into a conditional fee arrangement, whereby you will fund any expenses, but our fees will be contingent upon a successful outcome.
By way of example, if we are recovering a debt of €30,000 our fees may amount to approximately £4,000 plus VAT and disbursements, subject to the matter proceeding to trial. If we enter into a conditional fee arrangement with you, then we may charge 20% of the amount recovered plus VAT if we recover funds on an amicable basis, without the need for litigation. If we commence work in relation to contentious proceedings we may charge 30% of the amount recovered plus VAT and disbursements.
If the matter proceeds to trial then in this example situation the disbursements may amount to approximately €1,000, which would relate to the fees of a "procurador" and any court fee.
It is important to note that if you do commence proceedings in Spain for the recovery of a debt and you are not at all successful, there may be a costs order made against you for the legal costs of the defendant. Likewise, if you are successful in all respects you may make an application for your own legal costs.
It is very difficult to esimate the time that it may take to recover a debt amicably. Much will depend upon the patience of the client, before proceedings are commenced. Spanish court proceedings may take an extremely long time to complete. Two years would not be at all uncommon, although three or four years is also possible, if not longer.
Either Josep Grau or Jonathan Eshkeri will have conduct of the matter. They may delegate elements of the matter to colleagues, who have considerable experience of Spanish debt recovery.
How we can assist you
Locating assets and recovering debt of any value can be a difficult and time-consuming process. Our experienced lawyers based in the UK and Spain are well-equipped to deal with asset and debt recovery.
E&G Solicitors in Spain can also file court applications in Spain on behalf of trustees in bankruptcy, make applications for orders for sale, and negotiate settlements with third parties to make the debt and asset recovery process seamless and cost-effective.