How to claim unpaid debts in Malaga: legal recovery guide

Non-payments are one of the main problems for the self-employed, SMEs and individuals in Malaga, affecting liquidity and business continuity. According to CEPYME, the average delay in payments in Spain exceeds 82 days, generating cash flow tensions in thousands of companies.

At José Luis Rincón Abogados, we offer you our experience to help you recover your money in a legal, safe and efficient way, reducing time and avoiding mistakes that may delay the collection.

What is considered unpaid debt?

An unpaid debt is any due and payable economic obligation that has not been satisfied by the debtor after the agreed term, including:

• Overdue invoices.
• Unpaid rents.
• Promissory notes or bad checks.
• Loans between individuals.
• Non-paid professional services.

Important: Don’t let time pass. The sooner you act, the better your chances of recovering the debt.

Steps to claim unpaid debts in Málaga

Friendly contact with the debtor

Before taking legal action, it is advisable to try a friendly injunction:

Reminder phone call.
Sending an email with details of the debt.
Certified letter or burofax claiming payment.

This step can solve the problem without additional costs and maintains business relationships if feasible.

Reliable demand for payment

If there is no response, it is essential to record the claim by means of a bureaufax with acknowledgement of receipt and certification of content to interrupt the statute of limitations on the debt.

Includes:

• Amount claimed.
• Concept of debt.
• Maximum payment term (7-15 days).
• Notice of legal action in case of non-payment.

Payment order procedure: the fast way to collect debts

If the debt is liquid, determined, due and payable, you can initiate the payment order procedure in Malaga. This judicial process allows you to claim debts without the initial need for a lawyer or solicitor for amounts less than €2,000, although legal assistance is recommended for greater efficiency.

Steps:
Submit initial petition with supporting documentation (invoices, mails, delivery notes).
The court notifies the debtor, who has 20 days to pay or file opposition.
If there is no opposition, a decree of execution is issued, allowing direct seizure of assets.

Declaratory proceeding

If the debtor opposes the order for payment, a verbal trial will be opened (if the debt is less than €6,000) or an ordinary trial (more than €6,000).

Here the advice of a lawyer specialized in debt collection is essential to manage the claim and evidence in a strategic way.

Execution of sentence

If the debtor does not pay voluntarily after a judgment or execution decree, a compulsory execution procedure may be initiated:

Garnishment of bank accounts.
Garnishment of payroll or pensions.
Garnishment of movable or immovable property.

How long do I have to claim a debt in Malaga?

The general statute of limitations period for debts in Spain is 5 years(Art. 1964 CC). For professional services and supplies, the term may be 3 years.

Sending a burofax interrupts the statute of limitations, restarting the claim period.

Advantages of claiming debts with José Luis Rincón Abogados

Experience in civil and commercial debt recovery.
Reduction of collection times by means of a payment order and prior negotiation.
Study of the debtor’s solvency before initiating proceedings to avoid unnecessary expenses.
Clear and transparent fees, with the possibility of a variable fee according to success.
Management of the entire process: amicable, order for payment, declaratory and execution.

FAQ – Frequently asked questions about debt collection in Malaga

Do I need a lawyer to claim debts?

It is not mandatory for claims up to €2,000, but having a lawyer will increase efficiency and advise you on negotiation and collection strategies.

What if the debtor has no assets?

We carry out a prior solvency study before initiating legal proceedings. If there are no assets, we will analyze other means of recovery such as payment agreements, debt assignment or inclusion in debt collection files.

What is the cost of claiming a debt?

It depends on the amount, complexity and type of procedure. At José Luis Rincón Abogados we offer fixed rates and success fees depending on the case.

José Luís Rincón: Don’t give up on getting your money back

Leaving a debt unclaimed means a direct loss for your business or assets. With strategic management, debts can be recovered in an agile and legal manner, avoiding the statute of limitations and limiting financial damages.

At José Luis Rincón Abogados we help you recover your money quickly, minimizing the impact on your finances.

Do you have debts owed to you and you don’t know how to claim them? Contact José Luis Rincón Abogados today and recover your peace of mind and your money.