Business debt claims

Business Debt Collection Lawyer Barcelona | B2B Unpaid Debt Recovery

Business-to-business (B2B) debt recovery and collection of outstanding payments. Delinquent clients, unpaid invoices, and commercial claims. From out-of-court negotiation to summary and enforcement proceedings. An effective strategy to recover your money without disrupting your business operations.

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ACL Boutique Legal

At ACL Boutique Legal, business debt collection is one of our strategic areas of expertise. We advise companies, freelancers, and professionals facing significant payment defaults, accumulated unpaid invoices, and delinquent clients that jeopardize their liquidity and financial stability.

We understand that a significant payment default is not just an accounting problem, but a real threat to the continuity of your business. That's why our approach combines legal strategy, business negotiation, and swift legal action to recover your money as efficiently as possible, minimizing costs and preserving, whenever possible, the future business relationship.

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Why does business debt require specialization?

Business-to-business (B2B) debt collection differs from consumer claims. We're talking about complex commercial relationships, commercial contracts with specific terms, guarantees, sureties, promissory notes, bills of exchange, delivery notes, and invoices that must be rigorously analyzed to determine the best course of action.

Furthermore, in many cases there is an ongoing business relationship that the business owner wishes to preserve, which requires a delicate balance between legal firmness and business diplomacy. It's not simply a matter of filing a lawsuit, but of designing a progressive legal strategy that maximizes the chances of recovery without unnecessarily damaging business relationships that could be valuable in the future.

Our services in business debt collection

  • Feasibility analysis of the claim: We review the documentation (invoices, delivery notes, contracts, general conditions, communications), assess the debtor's financial situation, and determine the most effective strategy to recover your money.
  • Out-of-court negotiation:Before going to court, we manage the claim amicably: formal demands, negotiation of payment terms, installment agreements and debt acknowledgments that avoid the cost and duration of a legal procedure.
  • Monitoring procedure:When negotiations fail and the debt is documented (invoice, delivery note, contract), we initiate a summary proceeding that allows us to obtain an enforceable title quickly and at reduced costs.
  • Ordinary and verbal trial: For claims with controversy regarding the existence or amount of the debt, we prepare well-founded claims, provide solid evidence, and defend your interests in court with rigor and forcefulness.
  • Procedimiento ejecutivo: Una vez obtenida la sentencia favorable o el título ejecutivo, gestionamos la ejecución: embargo de cuentas bancarias, embargo de bienes muebles e inmuebles, embargo de créditos y cualquier medida necesaria para hacer efectivo el cobro.
  • Bankruptcy proceedings: When the debtor enters bankruptcy, we manage the communication of the credit, defend your position as a privileged or ordinary creditor and explore collection options within the bankruptcy procedure.
  • Acciones revocatorias: If the debtor has carried out fraudulent operations to hide assets (simulated sales, transfers of assets to third parties), we exercise the relevant revocatory actions to return those assets to their estate and be able to execute them.
  • International claims:
    We handle debt claims where the debtor is in another country, coordinating with international correspondents and applying European regulations on judicial cooperation.

Why trust ACL Boutique Legal to claim your business debt?

  • Personalized strategic approach: I don't automatically file lawsuits. I analyze your case, evaluate the options (negotiation, mediation, summary proceedings, litigation), and recommend the most effective course of action based on your situation, your objectives, and the actual feasibility of collection.
  • Direct attention without intermediaries: I personally handle your claim. I'm not just another number in a large collection agency. You'll know the status of your case at all times.
  • Proven track record: I have recovered significant debts for companies that had tried unsuccessfully to collect for months. I know which strategies work and which only waste time. I collaborate with economists, business lawyers, and tax experts to provide you with a comprehensive view of your case.
  • Transparent fees: I work with clear fees, tailored to the complexity of the case and the result obtained. No surprises, no hidden costs.
  • Cases we handle:
    • Business-to-business (B2B) debts exceeding €10,000
    • Unpaid invoices accumulated over several months
    • Claims for unpaid works and services
    • Unpaid supplies and goods deliveries
    • Claims for unpaid promissory notes and bills of exchange
    • Debts from distributors, franchisees, and business partners
    • Unpaid debts secured by guarantees, sureties, or bonds
    • Claims in insolvency proceedings
    • Claims against public administrations
    • International claims (debtors abroad)

When should you file a lawsuit?

When negotiations have failed: If you have tried to contact the debtor, sent payment requests and received no response, or the debtor indefinitely delays payment with no real intention of paying the debt.

When the amount is significant: We recommend legal action for debts exceeding €10,000. Below that amount, the cost-benefit of the procedure should be carefully evaluated.

When there is a risk of insolvency: If you detect that the debtor is in financial difficulty, selling assets or may enter bankruptcy proceedings, it is essential to act quickly to secure your loan before it is too late.

When there is obvious bad faith: If the debtor acknowledges the debt but refuses to pay, hides assets, or engages in delaying tactics, legal action is the only effective way.

What to do if you have a major delinquent client?

  1. Keep all documentation: Invoices, signed delivery notes, contracts, order acceptance emails, acknowledgments of debt and any proof of supply or service provided.
  2. Act quickly: Delinquency has a statute of limitations. Don't let time pass. The sooner you act, the better your chances of getting paid.
  3. Don't trust inexperienced debt collectors: Many companies waste time and money with telephone debt collectors who lack the real power to exert legal pressure.
  4. Assess the feasibility with a specialist: Not all debts are recoverable. A professional analysis will tell you whether it's worth investing in legal action or if it's better to set aside a provision for the loss.
First consultation

En la primera consulta analizamos tu documentación, evaluamos la viabilidad de la reclamación, determinamos la situación patrimonial del deudor y diseñamos una estrategia efectiva para recuperar tu dinero. Es el momento de poner todas las cartas sobre la mesa y planificar la mejor vía de cobro.

Get your money back now: request your confidential consultation.
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FAQ - BUSINESS DEBT CLAIMS
1. How long do I have to claim a business debt?

Commercial debts expire after 5 years from the date they become due. In Catalonia, the general statute of limitations for commercial debts is 10 years from the date they become due. However, it is crucial to act quickly: the longer the delay, the harder it is to collect because the debtor may hide assets or file for bankruptcy.

The summary proceedings are a fast track to recover monetary debts that are liquidated (exact amount), due, and payable, and that are documented (invoice, delivery note, contract, acknowledgment of debt). If the debtor does not object, an enforceable title is obtained without the need for a trial.

If the debtor has no attachable assets, the options are limited. Therefore, it is crucial to conduct a feasibility analysis before initiating legal action. In some cases, hidden assets can be investigated, or revocation actions can be taken if fraudulent transactions occurred.

Yes. The Law Against Late Payments establishes that commercial debts automatically accrue late payment interest from the invoice due date. You can claim both the principal and the accrued interest.

If the debtor enters bankruptcy proceedings, you must notify the bankruptcy administrator of your claim within one month of the publication of the court order in the Official State Gazette (BOE). Your claim will be classified as privileged, ordinary, or subordinated, which determines your chances of being paid.

6. Is it worth claiming small debts (less than €10,000)?

It depends. For debts under €10,000, the cost-benefit of the procedure (fees, court costs, time) must be evaluated. If the debtor has assets and the debt is well-documented, it may be worthwhile. Otherwise, it's better to set aside a provision for the loss.

Yes, if you have other evidence: issued invoices, signed delivery notes, order confirmation emails, partial transfers acknowledging the debt. The existence of a contract facilitates the claim, but it is not essential if there are other documents that prove the debt.

If the debtor does not object, the summary proceedings can be resolved in 2-4 months. If the debtor objects, the proceedings become oral proceedings, which can lengthen the process to 8-12 months depending on the court's workload.

A revocatory action allows a creditor to challenge acts of asset disposal carried out by the debtor to the detriment of their creditors (for example, selling a property to a relative for a ridiculously low price). It can be exercised when there is bad faith or it is proven that the debtor knew they would become insolvent.

Fees depend on the amount of the debt, the complexity of the case, and whether there is an out-of-court settlement or litigation. During the initial consultation, I will review your documentation and provide you with a clear estimate tailored to your specific situation.