When a Spanish company is faced with a non-payment by an international client, many doubts arise: Is it possible to claim an international debt? What steps should I follow? What legal mechanisms exist to recover the money?
At BUFET GÓMEZ FERRÉ we are lawyers specialising in international claims, and in this blog article we explain the legal options for claiming unpaid debts abroad from Spain.
How to claim non-payments abroad from Spain
Claiming international unpaid debts does not always involve physically travelling to the debtor’s country. Thanks to international treaties and the existence of harmonised legal procedures, it is possible to start claiming for unpaid debts from Spain with the support of a law firm with experience in international law.
The first step is to carry out an analysis of the case and verify whether there are documents such as contracts, invoices or e-mails that provide evidence of the debt. After this phase, the amicable process begins, which includes sending a formal notification to the debtor, written in the debtor’s language, and direct contact by the law firm. If this process is unsuccessful, the feasibility of going to court in Spain or in the debtor’s country is assessed.
Depending on the type of debt, the debtor’s country and the amount, the quickest and most efficient way is chosen.
Methods for recovering international debts
There are different methods for recovering an international debt, which may vary depending on the debtor’s country, the type of business relationship and the documentation available. Below are the main ways of recovering unpaid debts outside Spain.
1. Mediation
Mediation is an alternative dispute resolution method that allows both parties to reach an agreement with the intervention of a neutral and impartial third party. It is a particularly advisable option in situations where there is a willingness to negotiate on the part of the defaulting customer.
It is a fast, inexpensive and flexible way that can be developed without the need to go to court. In cases of international non-payment, mediation can even be carried out remotely and in the debtor’s language to facilitate understanding and rapprochement between the parties.
This procedure is very useful in international trade transactions, as it preserves the commercial relationship, reduces costs and saves time.
2. International arbitration
International arbitration is a common way of resolving disputes in foreign trade. Many commercial contracts between companies from different countries include an arbitration clause, which states that any dispute will be resolved by an arbitration tribunal, instead of going to the ordinary courts.
One of the great advantages of arbitration is that its resolution, known as an arbitral award, is often internationally valid and can be enforced in most countries thanks to conventions such as the New York Convention. This makes it a very effective way to claim for non-payment abroad, especially in contracts of a certain complexity or high value.
International arbitration offers speed, confidentiality and the possibility of choosing arbitrators who are experts in the field.
3. Legal proceedings
When it is not possible to reach an agreement through mediation or arbitration, the only remaining option is to go to court. This option makes it possible to claim an international debt by legal means, initiating proceedings before the competent courts, either in Spain or in the debtor’s country.
In the case of debts within the European Union, there are harmonised mechanisms that facilitate this type of claim, such as the European payment order procedure, which allows judgments between member countries to be enforced directly and with fewer formalities. Outside the EU, the process can be more complex, but not impossible: however, it is essential to know the laws of the debtor’s country and to have lawyers with experience in international law.
In all cases, the success of the claim depends to a large extent on the legal strategy adopted and the correct preparation of the documentation. That is why it is important to have lawyers specialised in international claims, as they master the procedures, understand the legal differences between countries, handle sworn translations and ensure effective representation before national or foreign courts.
Claiming non-EU debts
Claiming a debt from a defaulting company outside the European Union involves a higher degree of legal and practical complexity. In these cases, legal, linguistic and cultural differences are considerably accentuated and there is no common framework to facilitate the enforcement of judgments, as is the case within the EU, so we strongly recommend relying on a law firm specialised in international debt claims.
What to consider?
For example, at BUFET GÓMEZ FERRÉ we are able to analyse all these aspects before initiating any action so that the client is clear about whether the procedure is viable and what results can be expected.
Why go to a lawyer specialising in international non-payments
Not all non-payments abroad require going directly to court; in fact, many cases can be resolved amicably if you act quickly, strategically and with knowledge. Even so, having a lawyer specialising in international non-payments makes a big difference from the very first moment, as it allows you to approach the claim with solid legal criteria and with the right tools for each situation.
Benefits of specialised legal advice:
- Realistic assessment of the feasibility of collection, avoiding loss of time and money.
- Mastery of the local and international legislation applicable in each case.
- Direct communication with the debtor in their own language.
- Ability to manage the entire process, from out-of-court claims to legal action if necessary.
- Reduction of costs and deadlines thanks to the firm’s experience and international contacts.
If you are faced with a complex international debt claim, the best thing to do is to consult a professional law firm. At BUFET GÓMEZ FERRÉ we will tell you clearly whether it is viable, what steps to take and what the chances of success are, without beating around the bush or fine print. We have been helping companies and individuals to recover what belongs to them for more than 20 years, even in difficult international contexts.
Frequently Asked Questions
First, gather all the documentation of the debt (invoices, contracts, correspondence). Then, go to a specialised law firm that can initiate the amicable process and assess whether it is feasible to go to court.
It depends on the country and the procedure. An amicable process can be resolved in days or weeks. If court action is required, it can take several months.
Yes, but it will be necessary to initiate a process of tracing the debtor. Many countries have international cooperation mechanisms that facilitate this task.
Free Lawyer Consultation – International Claims Lawyers
Do you have foreign clients who do not pay? Is your company suffering from non-payments outside Spain and you do not know where to start?
At our law firm in Barcelona, we have lawyers specialised in debt collection who will help you to recover your debts efficiently. We will analyse your case free of charge and propose the best legal strategy for claiming unpaid debts abroad, either by amicable or judicial means. Moreover, thanks to our result-based billing model, the cost of our service will be based on the success of the claim. Contact us and start your claim today.