It is estimated that the defaults business that are generated on a monthly basis are about 15 000 million euros and that the terms of payment have been delayed on average up to 94 days, with the worst data of the whole European community, only surpassed by Portugal and Greece. The good news is that by way of a friendly settlement is achieved to recover 95% of the debts prior to the 180 days. A fact that is reduced up to 34% when it comes to court, more slow and expensive.
we Must be methodical
And before you make the collection management in writing, we must prepare thoroughly. An unpaid claim can not be, in any case, in the hands of the improvisation:
- Collect all possible information about the service to charge: invoice number, if any, period of performance, delivery… Documéntate well.
- Collect all the data on the company: state of liquidity, background, and history with us…
- Fix the conditions of payment: if you are willing to delay it or to accept terms, what aspects are you going to negotiate and what not, whether to accept an acknowledgement of debt or you want to enforce promissory notes, personal guarantees or measures similar to these.
- Collect all possible evidence. Save all the short messages, or SMS, fax, emails or even, if we authorize, record phone conversations that are exchanged.
The normal thing is to start with a first letter more or less cordial to report the incident. If the first letter does not get results, the following is going up the tone of seriousness and urgency. If there is a third, it should be already issue directions, has already anticipate the legal steps that you can take against your partner. And, in the event of a fourth, it will act as the notice starts the court process. It makes No sense to send more letters because at this point, our debtor has given good evidence that you don’t want to pay.
The more we take in to claim a payment, the more difficult it will be to cash it out. On the one hand, because we broadcast to the debtor a certain carelessness or not we are in a hurry and, on the other, because we give them time to perform movements of goods that can harm us. But, in addition, the longer we charge an amount, less value has that money (it is estimated a loss of one euro per month for each one-hundred euros left to collect).
there is No other: Monitoring
At this point, when a customer does not pay, once you have made the collection procedures appropriate, perhaps only is the judicial route.
The first thing to consider is the situation of the society, because if you are in competition, this society, by legal imperative, cannot pay the debts prior to the date on which it was declared the contest, but later. In consequence it makes no sense to initiate a legal procedure ex-post to collect the balances originated before that date.
Otherwise, you may be one or more legal proceedings can be started, and will choose the most suitable (claim amount, foreign exchange, order for payment).
A fast and inexpensive alternative: The payment procedure stands out for its speed and for assuming lower costs of health care professionals as compared to other types of procedures.
In the event that it is advisable to start a judicial procedure, the order stands out to be a quick procedure and less costly than others.
is The payment procedure is a procedure much more quickly than the action for the claim amount.
In reality it is a procedure in which the company creditor does not request that it declare the law, what he pursues is that the secretary order a simple request for payment.
Client in the contest: For legal reasons the client is unable to pay the debts prior to the contest. In that case it makes no sense to file a lawsuit for claim of amount.
the The costs of lawyers and solicitors are minor because the procedure is faster and easier.
In addition, because there is no limit of amount to be able to continue this way. But yes, the debt must be money, a certain amount of euros, and due.
Advantages of the payment procedure: rapidity, and reduction of costs.
You can prove the debt with documentation from the debtor or the creditor (for example, an invoice), or even through supporting documents from a previous relationship.
If the debt is a community of owners, enough with the certification of non-payment of common expenses.
If the debtor is not Spanish but is european to follow the procedures of the european payment order.
There is also a procedure european order for payment in which the initial request is made in accordance with a standard form without accompanying any documentation.
Therefore, if the client is abroad, but of the European Union, the procedure is equally fast even though the procedures are different.
Deductibility in the corporate income tax.
Once the case is filed, if they had recognized the expense for the customer is delinquent, it will be deductible, irrespective of whether they have passed or not six months, with certain exceptions (for example, that the credit is secured by a mortgage, in which case, the expense would not be deductible).