Tacit refusal to honour payment
Thread poster: michael cawley

michael cawley  Identity Verified
Local time: 22:50
Italian to English
+ ...
Feb 11, 2014

I'd appreciate some light on how I'm to proceed at what is a bit of a dark tunnel:

I did two jobs for a Spanish agency (who have a good track record) - One sizeable job, another small affair, around the same time.
The 'big one' gave rise to issues which, 6 months down the line, mean me waiting on some communication from the Spanish court to whom I'd issued a European Payment Order.
I presume, but can't know for sure, that the agency is contesting these simply by ignoring it (the weakness in European Payment Orders) - I have re-issued the lesser invoice because there is absolutely no issue there re. quality/deadlines etc: in that one, for sure, there really is nothing to contest - in fact, I was helping the guy out, redoing a hatched job he's on his hands at friendly rates (new Customer). I've added a late payment clause of 4% per diem, after a 6 month grace period on it, which now amounts to a sum equal to the original billed amount: this to shock him into action.
To no effect: my reminders are ignored - so What Next? Do I just wait on events? (The court SHOULd have long long ago communicated to me his decision...) - is the game Worth The Candle?
On a level where professionalism and personal worth join hands, this is one arrogant customer whose used me like a kleenex - I won't get mad, just even, but HOW?


Łukasz Gos-Furmankiewicz  Identity Verified
Local time: 22:50
English to Polish
+ ...
Possibly to file for bankruptcy (his, not yours) Feb 13, 2014

It ain't gonna work against a normal-acting litigant, but an obstinate non-payer, whether one flat out refusing to pay without properly contesting the issue or one ignoring invoices, can possibly be declared insolvent depending on the applicable insolvency law. You'd need to ask an appropriate local lawyer to be sure.

Otherwise once the case has been fully processed by the judicial system you can take it to be bailiffs for collection. Bailiffs can do nasty things like seizing your bank account.

Also, depending on the jurisdiction failing to obey a court order may incur some penalties on its own.


michael cawley  Identity Verified
Local time: 22:50
Italian to English
+ ...
European Payment Order dead letter Feb 13, 2014

Thank you Lukasz

Your scenario of possible filing for bankruptcy/insolvency issues doesn't apply - it's simply that having dunned the person through the local court, he has obviously decided to ignore it - and that means, to my understanding, that the order is unenforced: then I would have to file a case against him - but to take someone to court in another country (whose language I don't speak) for a some less than 1,000 euros... yous see? the game isn't worth the candle and he's playing on that - bailiffs would only enter into the picture if I employed a lawayer to represent me first - but this is a small claim.
Does no one have experience of enforcing payment across European borders when the merits of the service shouldn't really be raised?

My thanks to you Lukasz again and any further contributions



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