Late payments between companies in Spain remain a growing issue that directly affects the liquidity and stability of thousands of businesses. According to recent reports from the Bank of Spain, 27% of companies have suffered from significant unpaid debts in the past 12 months, especially in sectors such as construction, services, and distribution.
At BUFET GÓMEZ FERRÉ, as specialist lawyers in debt recovery in Barcelona, we explain below how to recover your outstanding payments effectively and strategically, while avoiding, whenever possible, any damage to valuable business relationships.
What is considered an unpaid debt between companies?
An unpaid debt between companies occurs when a business fails to fulfil its obligation to pay an invoice, service, or supply within the agreed time frame. According to Law 3/2004 on combating late payment in commercial transactions, payments between companies must be made, unless otherwise agreed, within a maximum of 60 calendar days from the delivery of goods or completion of the service.
Common examples of commercial debt include:
In addition, late payment interest will automatically accrue if payment is not made within the established period, strengthening the creditor’s position to initiate legal action and claim the outstanding debt.
How to claim a business debt step by step
A business-to-business debt recovery process should always begin in an orderly and well-documented manner, combining an amicable approach with the possibility of pursuing legal action if there is no response.
- 1. Amicable claim and prior notice
The first step is to send a registered letter or burofax with proof of delivery or any formal written notice requesting payment of the outstanding amount. This document will serve as evidence if you later need to go to court. At this stage, it is advisable to offer a short deadline for payment (usually 7 to 15 days) and to keep the possibility of negotiation or partial payment open.
- 2. Business negotiation or mediation
In some cases, especially between companies with ongoing commercial relationships, a professional mediation or a debt acknowledgment agreement can be useful. This avoids conflict and helps preserve trust between the parties.
- 3. Legal debt recovery
If there is no response, the next step is to initiate a legal claim for the commercial debt. The most common procedures are:
- Order for payment procedure (“procedimiento monitorio”), when the debt is clear, due, and properly documented (invoices, delivery notes, contracts). It is quick and efficient.
- Ordinary or verbal trial, depending on the amount claimed. This applies when there are disputes over the contract or claims for damages and losses.
The key to an effective and legally sound recovery process lies in the expertise of a lawyer specialised in commercial debt recovery. Having one ensures the correct formulation of the procedure and maximises your legal guarantees.
Legal advice to avoid damaging your business relationship
One of the main concerns for creditor companies is losing a client or business partner when starting a claim. However, with the right legal strategy, this can often be avoided:
- Keep communication open: Explain that the claim aims to regularise the situation, not to end the relationship.
- Maintain a professional and objective tone in all communications: Avoid emotional messages or threats.
- Consider mediation or out-of-court settlements: A lawyer specialised in commercial law can act as a neutral intermediary to reach a payment agreement.
- Formalise any agreement in writing, including new conditions, deadlines, or guarantees.
In many cases, acting quickly and with specialised legal advice allows you to recover the debt without harming your commercial relationship, and helps prevent future payment defaults.
What to do if the debtor is insolvent or enters bankruptcy
When the debtor company enters insolvency or bankruptcy proceedings, the chances of recovering the debt change. In such cases, the credit must be formally submitted within one month from the publication of the court order in the Official State Gazette (BOE).
There are different options depending on the debtor’s situation:
- Filing a claim within the insolvency proceedings, so that the debt is recognised as an ordinary or preferential credit.
- Actions against directors, if negligence or bad faith can be proven (for example, continuing to trade despite insolvency).
- Debt offset or payment in kind, if an agreement can be reached with the insolvency administrator.
This process can be complex, and some steps require specialised legal assistance. At BUFET GÓMEZ FERRÉ, as debt recovery lawyers in Barcelona, we have extensive experience in claims against insolvent or bankrupt companies. We can design a personalised strategy for each situation, safeguarding our clients’ interests in any commercial context.
Advantages of hiring a lawyer specialized in business debt collection
Managing unpaid debts between companies without professional support can lead to greater losses than expected. Having a lawyer specialized in commercial and procedural law provides a comprehensive view of the issue and a strategy tailored to your company’s situation.
A professional in business debt recovery can help you with:
- Preliminary legal analysis of the contract and the debt.
- Design of a personalized strategy, adapted to the relationship with the debtor.
- Full handling of the payment order or judicial process.
- Claiming interest and legal costs to maximize recovery.
- Out-of-court negotiation or mediation, if the goal is to maintain the relationship.
Ultimately, a lawyer specialized in business debt recovery can help you protect your company’s reputation and commercial partnerships effectively.
Frequently Asked Questions
It depends on the procedure chosen. A payment order process can be resolved in 1 to 3 months if there is no opposition, while a regular lawsuit can take up to 9–12 months.
It is essential to gather all documentation proving the existence and amount of the debt. We recommend preparing:
- Commercial contract or agreement signed by both parties.
- Issued and unpaid invoices with clear dates and descriptions.
- Accepted quotes or purchase orders if no formal contract exists.
- Emails or communications confirming service delivery or product supply.
- Delivery notes or proof of receipt in case of goods supply.
- Previous payment demands (burofax, letters, emails) sent to the debtor.
The more documentary evidence you provide, the stronger your legal claim will be and the higher the chances of successfully recovering the debt.
When the amicable demand receives no response within the set deadline, or when there is a risk of the debtor’s insolvency. The sooner you act, the higher your chances of success.
Free legal consultation – Debt collection lawyer in Barcelona
At BUFET GÓMEZ FERRÉ we offer a free and confidential initial consultation with our lawyers specialized in business debt recovery in Barcelona.
Our team, with over 25 years of experience in commercial law and commercial debt recovery, will assess your case and define the best legal strategy without damaging your professional relationship with the debtor.
Our firm works with success-based and transparent fees, tailored to each client’s circumstances, ensuring maximum efficiency and clarity throughout the process.
For more information about our services as debt recovery lawyers in Barcelona and how to secure payment of outstanding business debts, please contact us with no obligation.