People generally consider that recovering receivables is complicated and costly. Some avoid starting legal proceedings because they cannot afford the fees and professional charges of solicitors. However, in many cases obtaining the intervention of the courts is a very effective way of recovering debts.
When weighing up whether to start legal action, a cost-benefit analysis is necessary. It is advisable to objectively determine the chances of winning and the estimated duration of the process. That is why we provide you with relevant information for claiming debts in Santander.
Out-of-court claim or court demand?
It is common to wonder whether, before turning to the courts, out-of-court steps are needed to obtain payment of obligations. Since 2025, as a general rule, we cannot go directly to the civil courts: before suing it is an admissibility requirement to prove that an appropriate dispute resolution method (MASC) has been attempted, such as negotiation, mediation or conciliation, and failing to do so can lead to the claim being ruled inadmissible. In addition to this legally required step, it is always worth assessing how far it is worth insisting on a settlement before litigating.
The first thing to mention is that there is no set procedure for out-of-court collection; however, as a recommended strategy, the first thing we can mention, in order to secure payment by this route, is to make personal contact with the debtor, whether by direct contact, a phone call or video call. At this stage, we should be friendly and courteous, presenting the matter as a reminder, since we have all missed a payment date at some point.
If this has not worked, we should move to a more formal level, for which written language is far more suitable. Writing a letter or email in cordial terms will allow us to put on record what we have previously requested verbally. Likewise, it is a good idea to use certified fax (burofax) communication to leave a record and a certain date for this communication.
Thus, without abandoning the friendly tone, we will insist that there is an unpaid debt and that we want to help our debtor catch up. It is important, at this stage, that the document contains the debtor’s details (identification, address, etc.), all the information about the obligation (amount of the debt, description, among others), the deadline for payment and by which means it should be made.
Finally, if payment still does not take place, we should make a demand for payment in firm terms, setting a strict deadline for settling the receivable, with the warning that legal action will be started.
“At BBM Abogados we defend the interests of individuals and businesses in Santander and Cantabria with a close, rigorous and fully transparent approach. If you have doubts about your case, we help you see it clearly.”
Why turn to the courts to claim debts in Santander?
The techniques mentioned above have a very significant psychological impact; however, in many cases they are not enough for our claim to succeed. Sometimes the debtor cannot pay; other times that supposed inability is fictitious, deliberately concealing assets and income, all with a view to evading their obligations.
Many defaulters are in a state of insolvency, but that does not mean giving up the debt, because the debtor’s financial capacity can change and it will be possible to recover the principal, the interest and the legal costs of the proceedings.
Making the court demand opens up a line of asset investigation that will make it possible to find salaries, earnings or assets that the defaulter manages to acquire. This is because, through the courts, access can be gained to the databases of the Tax Authority, Social Security, the Traffic Authority, banks, financial institutions and others of a public or private nature.
But for this it is necessary to file the enforcement claim through the courts, and when the debtor is insolvent at the start of the proceedings, the court can be asked to make enquiries into the defendant’s assets to let us know whether their financial capacity has improved.
What procedure should be followed for the judicial claim of debts?
In judicial claims, different procedures may be used depending on our convenience or the requirements laid down by law. For example, action can be taken through the order-for-payment procedure (juicio monitorio) for monetary debts that are liquidated and enforceable (due) without any limit on the amount.
If the defendant objects to the claim through the order-for-payment procedure (juicio monitorio), it will proceed under the oral hearing (juicio verbal) procedure, provided that the amount does not exceed 15,000 euros. If it is higher than this figure, ordinary proceedings will be followed.
It is also possible to make use of bill-of-exchange proceedings for obligations documented in instruments such as cheques, promissory notes and bills of exchange that meet the legal requirements to be pursued as such.
Once I obtain the judgment, what should I do?
It is true that winning the case gives us an enforceable court order. Nevertheless, if the debtor still does not respond to our claim, it is necessary to request the court to start recovery of the debt through the relevant procedure, since the judge will not act of their own motion.
To start the procedure for enforcing court orders, we must wait 20 days from the moment the judgment becomes final, that is, when no appeal is available (such as an appeal or cassation); the judge will then begin the compulsory enforcement stage and may eventually issue an order for the local police to assist in the effective recovery of our claim.