Claiming an amount in court is the best option to fight one of the most common situations both for individuals and businesses, which is the non-payment by the debtor.
Carbray´s extensive experience in civil proceedings makes it a perfect fit if you need quality advice in line with your particular situation. Professionalism and commitment are two basic premises for us.
Claiming an amount by small-claims proceeding
The small-claims proceeding is the opportunity for the creditor to claim an amount without the need for other time-consuming proceedings. This proceeding allows the creditor to obtain an enforcement order if the debtor, having been notified, does not object. Otherwise, i.e. in the event that the debtor objects to it, the process will follow the ordinary or oral proceedings depending on the amount.
Claiming an amount by means of an ordinary or oral procedure
If you choose to pursue directly an ordinary or oral proceeding to claim an amount without prior small-claims proceeding, you must pay attention to the amount claimed to determine what options you have.
All claims under EUR 6,000 shall be resolved by means of oral trial. Claims exceeding EUR 6,000 will be decided by means of ordinary trial.
Claiming an amount by means of collection proceeding
We can offer you the possibility of exercise a collection proceeding in court if you possess a cheque, promissory note or a bill of exchange. These documents must meet the requirements of Exchange and Cheques Act.
If the claim is approved by court, the debtor will be required to pay in a period of ten days and, on the other hand, the preventive seizure of his assets in the amount contained in the cheque, promissory note or bill of exchange shall be ordered.
If you need to claim an amount, you can contact Carbray so that one of our lawyers advises you on which is the best possible option to success.