Practice area · Debt claims
Debt recovery lawyer in Tenerife
Unpaid invoices, private loans, rent or deposits that are never returned. We claim what you are owed, first amicably and, where necessary, before the courts.
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The debts we recover
We recover civil and commercial debts for individuals, the self-employed and companies: unpaid invoices, personal loans, rent, sums paid on account, fees and any amount arising from a breached contract.
Before claiming we assess three things: whether the debt is properly documented, whether it is still within the limitation period, and whether the debtor has assets or income to meet it. With that we tell you frankly whether a claim is worthwhile and by which route.
Out-of-court recovery
We start with a formal, recorded demand signed by the lawyer. In many cases this is enough for the debtor to pay or to propose a payment plan, which we put in writing with the necessary safeguards. This step also interrupts the limitation period and, as a general rule, is now a prerequisite for going to court.
Court claims: payment order, oral and ordinary proceedings
If the debtor does not pay, we go to court. For documented money debts, the payment-order procedure (proceso monitorio) is normally the quickest route: the court orders the debtor to pay or object within a short period and, if they do neither, enforcement can be requested directly.
Where the debtor objects or the debt does not fit that procedure, the matter is heard in oral or ordinary proceedings depending on the amount. Once a decision is obtained, we apply to seize bank accounts, wages or assets until you are paid.
Creditors and debtors abroad
We advise foreign creditors with debtors in Tenerife, and clients on the island with debtors in other European Union countries, where specific instruments exist for cross-border claims. We work in Spanish, English and German.
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How we handle your claim
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Review of the debt
We review the documents, check limitation periods and assess the debtor's solvency.
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Formal demand
We claim payment by a recorded method and open the door to an agreement.
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Agreement or claim
We document the payment agreement or file the appropriate court claim.
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Enforcement and collection
If the debtor still does not pay, we apply to seize their assets until payment is actually received.
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Common mistakes we prevent
Many debts are lost through delay or a lack of evidence:
- Lending money or paying a deposit without any signed document.
- Chasing payment only by phone or informal messages, with no recorded demand.
- Letting years pass until the debt becomes time-barred.
- Suing without first checking whether the debtor can pay.
- Accepting a verbal payment plan, with no written acknowledgment of debt.
04 — Expected costs
Expected costs
The cost depends on the amount and on whether the claim is resolved amicably or in court. Before starting, you receive a fixed written quote and an honest assessment of the chances of recovery.
- Lawyer's fees — fixed written quote for each stage.
- Recorded demand (burofax) — cost of the certified delivery.
- Court representative (procurador) — where the law requires one because of the amount or type of procedure.
- Costs — where the claim is upheld in full, they are usually awarded against the debtor.
05 — Documents required
Documents required
The more documentary evidence there is, the faster and safer the claim:
- Contract, accepted quote, promissory note or acknowledgment of debt.
- Invoices, delivery notes and proof of delivery or bank transfer.
- Emails and messages in which the debtor admits the debt or asks for more time.
- The debtor's identification details and address.
- Any payment demands already sent.
06 — Realistic timescales
Realistic timescales
The demand is sent within a few days and many claims are settled at that stage, within weeks. Undefended court proceedings usually take several months; with an objection and enforcement, longer. We tell you the likely timescale in writing from the outset.
07 — FAQ
Frequently asked questions
How long do I have to claim a debt?
I have no signed contract. Can I still claim?
What if the debtor has no assets?
Can you claim a debt from someone who lives in another country?
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Other practice areas
Services closely related to debt recovery.