Legal action to collect payment in Spain
Thread poster: George Runde

George Runde
Norway
Local time: 18:17
Norwegian to English
+ ...
Mar 25, 2004

I am not the only one who is owed money by this agency, but I would like to take legal action in order to get paid.

Does anyone have an idea of how to proceed in Spain and possibly could give me a good contact?
Appreciate any feedback...
Thanks,
George


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Parrot  Identity Verified
Spain
Local time: 00:17
Member (2002)
Spanish to English
+ ...
You're not the only one? Mar 26, 2004

I see that Ralf has already directed you to the Blue Board. If you find the agency there, rate it. If not, create the entry and invite more ratings.

You'd be surprised at what comes out of the woodwork....

Actually, I have it on good authority (colleagues) that it doesn't take much to "initiate legal action" (not when the amounts involved might not be that juicy for a legal rep, anyway). You might start here:

http://www.mir.es/policia/denuncias/denun_index.htm

They can be very helpful and will take you seriously. At least, in the case I was told of, they got the agency to pay


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Anjo Sterringa  Identity Verified
Spain
Local time: 00:17
Member (2003)
English to Dutch
+ ...
proceedings in Spain - not through a court Mar 26, 2004

In general it is not worth it to try to get your money through a court in Spain.

Perhaps a denuncia (at the police) helps, I think a bad reputation through the blue board and other forums is best - an agency has to have a good reputation, otherwise nobody is going to work for them or they will be banned from posting jobs. Sometimes even threatening with a bad blue board rating helps.

In Spain (don't ask me why) you often have to pay the amount you are asking for to the court before you can take action.
It takes years, and only the lawyers get rich. If you have an 'enchufe' (a family member who is a judge)it is a different case.

Experience from a marine engineering company I worked with.


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Parrot  Identity Verified
Spain
Local time: 00:17
Member (2002)
Spanish to English
+ ...
Working with the police Mar 26, 2004

The first thing you need is the law they broke - this is where the police come in handy, they give you that information. But they need the "denuncia" (on-line form) in order to investigate. The number of complainants will count as well.

While they're not a collection agency, they take this quite seriously - hence the web page, which is supposed to function cross-border within the lawful limits. Drop me a line if you have initial language problems, it should be easier once they can detail an English speaker to the case.


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Maria Belarra  Identity Verified
Spain
Local time: 00:17
French to Spanish
+ ...
If you decide to go to court.. Apr 6, 2004

.. Drop me a line. One of my colleagues was in the same situation months ago and maybe we can help in some way (contacts, tips..). And it's not as grim as Anjo says. I didn't know our legal system gave such a bad impression!

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Anjo Sterringa  Identity Verified
Spain
Local time: 00:17
Member (2003)
English to Dutch
+ ...
Legal action in Spain Apr 8, 2004

And it's not as grim as Anjo says. I didn't know our legal system gave such a bad impression!


Maybe just in the Balearics, maybe they had a bad lawyer, but it was more than an impression!


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Myriam Garcia Bernabe  Identity Verified
United Kingdom
Local time: 23:17
Member (2003)
English to Spanish
More information Apr 16, 2004

By all means place a report (denuncia) with the police but you can also look at

http://www.cobrador.com/
Debt collection in Spain is known as "cobro a morosos" and it does exist.

Myriam


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Maria Belarra  Identity Verified
Spain
Local time: 00:17
French to Spanish
+ ...
Sorry about that! Apr 16, 2004

Anjo Sterringa wrote:

Maybe just in the Balearics, maybe they had a bad lawyer, but it was more than an impression!


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Bianca Adriaensen  Identity Verified
Local time: 00:17
English to Dutch
+ ...
But still... Apr 18, 2004

A collecting agency using fair prices: Intrum Justitia. As far as I know they have an office in Spain, go after "small cash" too, are well-known for their settlements so that "cases" do not even make it to court... I recently signed a contract with them (Dutch office) in order go get my money from a company in Italy and one from Israel. If they fail, there are no costs involved at all. If they succeed: depending on the "age" of your initial invoice to the Spanish company, they get a small percentage....

Do not hesitate to use any collecting agency's services when you lost about 750 EUR. It's really worth your effort.

Bianca


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Legal action to collect payment in Spain

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