Have you been a victim of non-payment for your services or products in Spain? If so, it is important for you to know that you have legal rights and steps you can take to recover the money you are owed. In this article, we will show you the necessary steps to effectively denounce a company for non-payment in Spain.
PROCEDURE TO DENOUNCE A COMPANY FOR NON-PAYMENT IN SPAIN
Before thinking about denouncing a company, you should know that this is an arduous, costly and potentially unfavorable process for the complainant. Below we describe the process, but if you want to know alternative methods to the complaint, at the end of the article we tell you how you can reach the same result with a simpler, more accurate and less expensive solution.
To file a complaint, it is important to gather solid evidence that the company owes you money. This may include invoices, contracts, emails, text messages or any other evidence that supports your claim. It is important to have all of this information available before filing a complaint. Be sure to carefully review any documents or contracts you have signed with the company to make sure there are no errors or misunderstandings.
Una vez que tengas las pruebas necesarias, debes contactar a la empresa y pedirles que te paguen lo que te deben. It is important to do this in a professional and respectful manner, and to provide them with all the necessary information about the non-payment. If the company does not respond or is unwilling to make payment, then it is time to move forward with a complaint.
In Spain, you can file a complaint with the Oficina de Consumo in your city or with the Ministerio de Consumo. It is important to provide them with all relevant information about the non-payment, including any evidence you have collected. For more information on how to denounce a company for non-payment, you can visit the website of the Ministerio de Consumo.
It is also important to mention that there is an online tool called “Sistema de resolución extrajudicial de controversias en línea (SIC)” where you can file a non-payment complaint online.
If you do not reach an agreement with the company, you can take the case to court. It is important to have a lawyer to represent you in this process and help you present your case effectively. Going to court for non-payment can be a long and costly process in Spain. The legal process can take several months or even years, and legal costs can add up quickly. In addition, it is important to keep in mind that you do not always win your case, and even if you have solid evidence, it may be difficult to recover the money you are owed.
PROCESS COSTS
Legal costs may include attorney’s fees, trial costs and expenses related to the collection of evidence. It is important to have an attorney who specializes in consumer law or civil law to represent you at trial, as these attorneys are experienced in these types of cases and know how to present your case effectively.
In addition to the legal costs, you should also consider the time and energy required to file a legal case. The process can be stressful and requires a great deal of time and dedication. It is important to consider whether the money owed to you justifies the effort and costs of a lawsuit.
It is also important to mention that there are legal deadlines to file a complaint for non-payment in Spain. Generally, the term is one year from the date the payment was due. However, it is important to consult with an attorney or consumer advocacy organization to make sure you are within the legal time frame.
As for the penalties that a company may receive for non-payment, the penalties may vary depending on the case and the seriousness of the infraction. They may include fines, financial penalties, advertising bans or even, in serious cases, the closure of the company.
ALTERNATIVES TO DENOUNCING A COMPANY FOR NON-PAYMENT IN SPAIN
Finally, you can also resolve a non-payment situation with your customer through ways that do not involve the financial and time risk of initiating legal proceedings.
Byppay is an application that offers a solution to non-payments to ensure your collection, avoiding the need to resort to a lawsuit.
We help suppliers who have not been paid by their customers by generating an automated contract that will cause their funds to be redirected directly to your account as soon as your customer is paid. In this way we offer a cheaper, simpler and more accurate way to collect what is owed to you than suing your client.
For more information you can request to test our app here.