No Win No Fee
Spain ® Intelligent Debt Recovery
System allows you to take control and to
begin the process of recovering outstanding debts in Spain -
regardless of where you are located in the world.
Furthermore, you can do so without having to make any
advanced payment for our services of any kind when choosing
the no-win-no-fee option.
Our Debt Recovery Service
The primary objective of the Intelligent Debt Recovery
System is to obtain repayment of monies owed
with the minimum investment of further resources. In the
best case scenario you don't need to risk ANY further
capital to recover the debt!
Initially the focus is on
delivering fast and lower cost results that reduce the need
for expensive court actions.
Your debt is pursued by experienced lawyers contacting the debtor both by telephone and sending letters of demand for the recovery of the debt. The letter of demand serves two purposes.
First, it warns the debtor of your intention to begin legal
proceedings should payment not be made and gives the debtor
one more opportunity to pay.
Immediate payment of the debt is, of course, the best case
Secondly, if the non-judicial route is unsuccessful, the
letter is a document which may be tendered in evidence
during court proceedings as written proof of your claim of
the debt owed and your attempt to settle the matter.
Negotiation With Spanish Debtors
Should the need arise, our lawyers are experts in carrying
out negotiations with debtors and will negotiate on your
behalf for the return of the debt and will manage a debt
plan with the debtor where you have provided us with full
Obtaining all of the monies that you are owed is of course
the primary objective here though you may decide that
obtaining a percentage or the full amount over a period of
time are acceptable alternatives.
In any case, for carrying-out the initial engagement with
your debtor as well as negotiating with debtors on your
behalf we offer the following payment options:
No Win - No Fee Option
With this plan you
pay nothing at all to initiate the process started.
In the event of successfully recovering all or part of the
debt a commission rate of 22% + IVA of the amount recovered
Upon successfully recovering all or part of the debt the
minimum charge in any case will be €350 + IVA for the work
Small Down-Payment Option
Here you pay €150 +
IVA at the beginning of the process with a final payment of
12% + IVA of the full amount successfully recovered.
The myAdvocate Spanish Debt Recovery Service can be
tailored specifically to meet the individual needs of each
creditor. It is quicker and less expensive than mercantile
agents who cannot appear in court or draft court documents.
Financial Report Before Going
Going to court is a last resort but one that can be
necessary in order to obtain a successful outcome. We should
only really consider going ahead when all of the information
relating to the debtor tells us that this will be a
It is possible to obtain valuable information about the
financial position of Spanish individuals and companies from
a number of important sources. This would include:
The commercial register which contains a host of
information about companies such as fixed assets and annual
The property register which holds information on any assets
registered in the names of individuals including sole
The RAI register which contains valuable reports of any
previous failure by the company to pay creditors
myAdvocate Spain can arrange for a report to be drawn-up and a recommendation to be provided - by specialist lawyers - on whether to pursue the debtor in the Spanish courts.
It is strongly recommended to obtain a financial report
before proceeding to take court action.
If the measures taken extra-judicially fail to recover the
debt and the financial report (recommended) suggests
that it would be worthwhile to continue pursuing the
debtor, the next stage is to bring the matter before the
This effectively means using the 'Proceso Monitorio' which
is a special court process specifically set-up for the
speedy resolution of outstanding debts which cannot exceed
Upon presentation to the court of the petition together
with supporting documentary evidence (contracts, invoices
etc) the court will decide whether there is a sufficiently
substantial case for the debt to be repaid.
The debtor is then informed by the court of the petition and at this stage there are three possible outcomes:
1. Debtor Agrees To Pay The Debt
In 45% of cases brought via the 'proceso monitorio' the
matter is resolved at this point with the debtor agreeing to
pay the creditor the amounts owed.
2. Debtor Does Not Respond or Appear in Court
If the debtor fails to respond to the court action or
doesn't turn-up at the hearing then the judge may place an
embargo on any assets or income of the debtor to force
repayment of the amount owed. 39% of cases are resolved in
3. Debtor Opposes Payment of the Debt
If within a timeframe of twenty days the debtor opposes the action and does so in writing then it becomes necessary for the court to hear arguments from both sides. The debtor will require documentation to support their case. The debtor opposes the debt in this way in 16% of cases.
Legal Representation in Court
myAdvocate Spain are especially well placed to assist in
any court action and will be able to provide you with all of
the legal support in English that you require to bring a
successful lawsuit via the Spanish Courts.
Other charges that will need to be considered include the
cost of sending, legalising and translating any documents
not written in Spanish that will be needed to support your
claim that a debt is owed.
It is extremely useful if you know the current location of
the debtor and have documentary evidence to support your
claim. This might be a document signed by the debtor to that
effect or it might be a document that is ordinarily issued
in the course of business dealings such as invoices,
delivery notes or other such items.
Who are the lawyers providing this service?
Highly experienced and
regulated lawyers across Spain and the islands are
responsible for this service. You can find more
information on the individual law firms by going to our:
Services - Free of Charge
If you decide to contract debt recovery services
from myAdvocate Spain you will also benefit from the
additional protection afforded by our innovative
support services that are included free of charge.
These support services include:
1. Documentation detailing regulatory status of your
2. Fees within guidelines established by Law
Societies in Spain.
3. Legal fees specified in advance and legally guaranteed.
4. Services levels agreed in advance and guaranteed.
5. All lawyers must hold professional indemnity insurance.
6. Lawyers' standard of English checked.
7. Continuous quality controls and reviews.
How to contact
What Clients Are Saying About Us
"Our solicitor put us at ease immediately and was very responsive. We never had to wait long for an answer to a question."
"Not having a word of Spanish it was a no-brainer to call an English speaking service. I found myAdvocate to be very helpful."
Richard L, Dundee
"I'm a cautious person by nature so knowing there was professional insurance in case there were problems down the line was a big plus."
Jean B, Belfast
"...very satsified. Our solicitor was very helpful and spoke English very well, which was great!"
Gerry & Doreen Laverty, Dublin
"I had a limited budget so I needed to know what the legal costs would be before going ahead. That was what I was looking for and why I called myAdvocate Spain."