In a commercial or professional relationship, one of the essential factors is trust between suppliers and clients. So both parties trust that the other will fulfil their obligation. In this way, once the service or supply has been provided, payment of the corresponding invoice is expected.
Unfortunately, this is not always the case, and one can end up trying to collect a debt without success. Faced with this scenario, it is advisable to turn to expert solicitors who handle the recovery of unpaid debts. At BBMabogados we are specialists in debt recovery, so do not hesitate to contact us.
What does the recovery process in Santander consist of?
It is extremely important that every business is able to collect effectively for the services or supplies provided. This is well known to large companies, which allocate part of their budget to a collections management department.
However, businesses such as SMEs, medium-sized companies or self-employed people simply do not have enough financial muscle to devote to collections. For this reason, turning to solicitors specialised in these matters is the best option, especially because the defaulting debtor will have to deal with professionals, whom they will not be able to mislead, distract or pressure as they normally would with their usual supplier.
Now, it is important to explain what this process involves. It consists of a set of actions aimed at managing debts and recovering unpaid amounts. These actions cover two stages, the so-called amicable or out-of-court stage and the judicial stage.
AMICABLE OR OUT-OF-COURT STAGE
This is the first step, where the aim is to contact the debtor so that they settle the debt. This is carried out through different levels of pressure. The first of these consists of sending the debtor written communications notifying them of the existing debt, so that they proceed to pay within a set period, generally no longer than ten days. In it, with the creditor’s prior authorisation, a deadline can be offered for paying the most significant amount, late-payment interest and out-of-court recovery costs.
Often, debtors ignore the communications or refuse to receive them. If so, contact is made by telephone, trying to clarify the reasons for the non-compliance and attempting to reach a solution.
Finally, there is the possibility of reaching a payment agreement. Now, this agreement must be duly signed by the debtor. With this, there will be no dispute about the existence of the debt in the event of default. It is equally advisable for this document to be negotiated and drafted by a solicitor.
If no agreement is reached, a final attempt will be made to contact the debtor, this time announcing the start of judicial measures within a set period if payment is not received.
On many occasions, with this warning alone the debtor makes the payment to avoid going to court.
JUDICIAL STAGE
Before making the leap to the courts, it is worth bearing in mind that, since 2025, the law generally requires an appropriate dispute resolution method (MASC) —negotiation, mediation, conciliation, etc.— to have been attempted as an admissibility requirement: without proof of that prior attempt, the civil claim may be ruled inadmissible.
With the creditor’s prior authorisation, failing an agreement in the previous stage, judicial proceedings against the debtor will be started. In these cases, the advice of solicitors will make it possible to know the type of procedure to follow. Such procedure will vary according to the type of claim and the amount of the debt.
So we find the following options:
ORDER-FOR-PAYMENT PROCEEDINGS (JUICIO MONITORIO)
Appropriate when the debtor does not dispute the existence of the debt. Once the petition is filed with the Court, it sends an order for payment to the debtor, so that within 20 days they make payment or lodge an objection.
If there is an objection, the creditor must file a claim for ordinary proceedings within one month; if there is neither payment nor objection, an enforceable judgment will be handed down.
ORAL HEARING (JUICIO VERBAL)
If the debt is one of the disputed points and does not exceed 15,000 euros, including interest and costs, these declaratory proceedings can be pursued.
ORDINARY PROCEEDINGS
For debts over 15,000 euros. Once the dispute is joined, with the claim and its answer, the judge will call a preliminary hearing, at which the facts will be established and both parties will present their evidence.
A date will be set for the hearing, at which the parties will argue their positions and the judge will then hand down judgment.
BILL-OF-EXCHANGE PROCEEDINGS
For those cases in which the debt is based on cheques, bills of exchange or promissory notes. The judge will request the debtor to pay within a period of ten days, while, in order to secure settlement of the debt, they will order the seizure of the debtor’s assets.
Recommendations for creditors of debts in Santander
It is important to keep control of debts within the business. This way, unpaid debts can be quickly detected, which is especially relevant when starting collection actions, since the less time a debt goes unpaid, the greater the chances of recovering the money.
In any case, the most advisable course will always be to seek the advice of solicitors, since they will analyse each case individually according to its particular features. In addition, they will make sure to have the best strategy, one that respects the integrity of those involved.
SOLICITORS WHO EMPATHISE WITH THEIR CLIENTS IN DIFFICULT MOMENTS
We protect our clients’ rights with the utmost dedication and diligence, placing special emphasis on personal attention
