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Can Spanish Debts Be Collected in the UK?
In an increasingly interconnected world, financial transactions often span across borders, leading to complex legal questions regarding debt collection. For individuals and businesses involved in transactions between Spain and the United Kingdom, understanding the mechanisms and possibilities for debt recovery is essential. Therefore, it is essential to consult Spanish debt collection lawyers (Abogados) to assist with recovering your outstanding money.
In this guide, we will explore the intricacies of debt collection across these two jurisdictions, shedding light on the legal framework and practical considerations involved. We will also discuss the practical challenges and strategies for enforcing debt collection across borders, from navigating differences in legal systems and procedural requirements to exploring alternative dispute resolution mechanisms. We will provide valuable insights to effectively pursue debt recovery in an international context.
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Find out whether your debt is still active if you move from Spain to the UK
Discover more about debt collection and enforcement post-Brexit
If you are owed debts in Spain, you may be able to collect them from the UK
There are various pieces of evidence you will need to collect to build your debt collection case
Here is how we can assist
We answer some frequently asked questions
Is Debt Still Collectable From You if You Move From Spain to the UK?
If you amassed debt in Spain and then move to the UK, the debt will still be collectable from you and may continue to grow if interest is charged. If you choose to return to Spain, you may find your debt to be far greater than when you previously lived in Spain. Banks, lenders and businesses in Spain can chase debtors who live in the UK . If you move to another country to escape debt, creditors have the right to chase you across borders.
If you are owed money in Spain, you can instruct Spanish debt collection lawyers to help you retrieve what you are owed.
Can European Debt be Enforced in the UK?
Before Brexit, a European Payment Order could be invoked, or action could be taken in the European Small Claims procedure to recover any debts owed to you from an EU country. Following Brexit you should seek legal advice in order to recover your debts. If it has been decided in a Spanish court that you are owed money by the debtor and there are clauses in the contract that designate a choice of court agreement, then the Hague Convention will apply, and the debtor will be legally obligated to pay you what they owe.
If the Hague Convention does not apply, the common law regime may be referred to. You can get in touch with our Spanish lawyers to see how they can help you navigate your case and make a legitimate claim.
Can Spanish Debts be Collected in the UK?
No matter where you are based in the UK, if you are owed debts in Spain, you have a right to pursue your debts and reclaim what is owed. Or if you owe debt in Spain, you can be pursued for the outstanding money. In order to collect your debts, you must instruct Spanish debt collection lawyers.
Our debt collection services at Giambrone and Partners include company searches, credit scoring, issue of proceedings, telephone collection and letters before action. Our experienced lawyers can litigate on your behalf in order to pursue your claim. Instructing UK based international debt collection lawyers can ensure a smoother process without the need to contact a separate law firm in Spain; our experienced team will not have an issue with language barriers and are fully qualified in Spain, providing you with peace of mind.
You can arrange a consultation with our team here.
What Evidence Do I Need to Provide to enable my Debts to be collected in Spain?
Before you can pursue your debts owed in Spain, there are certain criteria you must meet. The debt owed must be a monetary debt, the deadline for the last payment must have already passed and the debt must be recoverable. To claim through the Monitorio process of debt collection, the debt owed must be under €250,000. You must also provide evidence and documentation to prove that the debt is actually owed.
Examples of evidence required include any contracts between the debtor and the creditor highlighting financial obligations, invoices or bills that clearly show the debt that is owed, and documentary proof that shows the debtor was aware of the monies owed. Any other documentation or evidence that a debt is owed to you will also be useful when discussing your case with a lawyer.
How Giambrone and Partners Can Help
Our experienced Spanish Abogados can not only communicate with Spanish debtors and their lawyers, they can help you build an airtight case to enable you to retrieve any debts that are owed to you. They can help you collect all the necessary evidence needed and provide expert debt collection services, such as drafting a letter before action and instructing tracing agents if the address of the debtor is unknown.
To find out more, or to book a consultation with our Spanish debt collection lawyers, you can get in touch with us today.
Frequently Asked Questions
How long does debt recovery in Spain take?
The length of time to collect debt in Spain depends on the process you decide to undertake. The Jucio Cambiaro can take between eight months to a year to obtain a payment order, whereas the Jucio Monitorio can vary depending on how long it takes the debtor to respond to the claim notification.
What is the success rate for debt collection in Spain?
Spanish debt collection success rates all depend on the debt collection service you choose.
How long before debt is written off in Spain?
Debt claims in Spain have a limitation period of five years.
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