If you are wondering how to claim an unpaid invoice, you should know that these situations can cause serious liquidity problems for businesses and freelancers. This is why dealing with a debtor who does not fulfill their obligations can severely impact the financial health of your company, whether it is involved in the sale of products or services.
As specialized lawyers in unpaid debt claims, we explain in this blog article the concept of an unpaid invoice and detail the necessary legal steps you can take to claim an unpaid invoice and protect your financial interests, as well as provide information about some frequently asked questions related to this process.
What is an unpaid invoice?
An unpaid invoice is a commercial document issued by a company or freelancer to a client, reflecting a pending debt for goods or services rendered, the payment of which has not been made within the agreed timeframe between the creditor and the debtor. This situation may arise from the debtor’s economic problems, disputes regarding the quality of the service or product, or simply a lack of willingness to pay.
Unpaid invoices create problems in a company’s accounting, affecting its cash flow and, in some cases, may compromise its ability to meet other financial obligations. Legally, an unpaid invoice constitutes a debt, and the creditor has the right to claim its payment according to the law.
Legal consequences of having unpaid invoices
The non-payment of invoices has serious implications for both the debtor and the creditor: if an invoice remains unpaid, the creditor can initiate legal proceedings to recover the debt. Depending on the situation, this could result in:
To avoid reaching these extremes, it is advisable to act quickly and, if necessary, consult a lawyer specialized in debt collection. Below, we explain in general terms how to claim an unpaid invoice.
Steps to claim an unpaid invoice
Claiming an unpaid invoice may seem like a complicated process, but by following the right steps, you can increase your chances of success. Below we show you a step-by-step guide on how to proceed.
1. Review of the invoice and communication with the debtor
The first thing you should do is ensure that the invoice is correctly issued and that the client has no grounds to dispute it.
Check that all the details are correct, including VAT and other items. Once reviewed, communicate with the debtor amicably to remind them of their payment obligation.
2. Sending a payment request
If, after the first contact, the debtor does not make the payment, it is time to send a formal request.
This document should include all the details of the invoice, the amount owed, an additional deadline for payment, and the possible legal consequences of not doing so. It is advisable to send this request by a means that guarantees its receipt, such as a burofax.
3. Consult a specialized lawyer
If you have not received a response after sending a payment request, it is advisable to consult a lawyer specialized in debt collection.
As professionals, we will evaluate the strength of your case and can advise you on the best legal options, such as the monitoring process or judicial claim.
4. Initiate a monitoring process
The monitoring process is a simple and quick judicial procedure that is used to claim monetary debts, such as an unpaid invoice. This procedure can be very useful when documentation is available that proves the debt, such as invoices, delivery notes, signed contracts, or any other document that demonstrates the existence of the payment obligation.
It is an agile process that does not require the presence of a lawyer if the debt is less than 2,000 euros, although having legal advice can increase the chances of success, especially in complex cases or when the amount is high. Moreover, one of the main advantages of the monitoring process is that it does not require the presence of both parties in a trial.
5. Execution of the judgment
If the debtor does not pay or opposes the claim, within the established period (generally 20 business days), after obtaining a favorable judgment, the creditor can request its execution, turning into a verbal trial or an ordinary procedure, depending on the claimed amount. In these cases, the assistance of a lawyer becomes essential to effectively defend your interests.
The execution of the judgment may involve various measures, including seizures of assets, bank accounts, or even the debtor’s salary until the debt is settled.
Frequently asked questions
Can I claim an unpaid invoice outside of Spain?
Yes, it is possible to claim an unpaid invoice internationally, but the process may be more complex due to legal differences between countries. To carry out an international claim, you must understand the laws of the country where the debtor resides, as well as the international treaties that may facilitate the process, such as the Brussels I bis Regulation in the European Union.
At BUFET GÓMEZ FERRÉ, we have solid experience as lawyers for international claims and can advise you on finding the best solution for your case. We will inform you about the possible scenarios and the estimated time the process may take, ensuring that you are fully informed before making any legal decisions.
How long do I have to claim an unpaid invoice?
The statute of limitations for claiming an unpaid invoice varies depending on the type of service or product provided, but it is generally 5 years. After this period, you will lose the right to claim judicially.
What can I do if the debtor company does not respond to my claims?
If the debtor company does not respond to your claims, we strongly advise taking legal action.
As mentioned earlier, you can initiate a monitoring process or, in more serious cases, request a declaration of the debtor’s insolvency. As lawyers specialized in debt collection, we can guide you through this process to help you recover your money.
Free lawyer consultation – Lawyers specialized in unpaid invoices
Get a free lawyer consultation with BUFET GÓMEZ FERRÉ if you want to know how to claim an unpaid invoice: in all our services, we offer a free initial consultation to evaluate your case and outline an appropriate action plan.
As a law firm specialized in payment claims in Barcelona, we have over 25 years of experience in claiming unpaid debts and have the capacity to act as mediators to try to resolve the conflict amicably before resorting to judicial measures, if it is in your interest to preserve the business relationship with the debtor.
Remember that each case is unique and may require a studied and personalized procedure. In our work methodology, we always operate under the formula of result-oriented lawyers, passing costs onto the debtor, and if it is not possible to pass on these costs, we adjust our fees in a way agreed upon with the client.
Do not hesitate to contact us through the contact form on our website to obtain legal advice tailored to your specific situation. We will assist you with whatever you need.