1.  the plaintiff has a proper invoice documenting the debt against the defendant.

2.  the plaintiff has the correct address of the defendant.

3.  that the court case is instigated using these two piece of correct information.

When this type of court case, named in Spanish " procedimiento monitorio," is instigated a letter will be sent to the address of the defendant.  If he does not answer to the case the Courts of Justice will issue a judgement stating that the defendant is the debtor of the figure being claimed as an unpaid debt and this judgement will automatically be enforced.

If after the judgemen has been issued the defendant does not honour payment of his debt then it is possible to freeze all the defendants assets to pay this debt.  Once frozen, these assets will be sold at public auction and the funds obtained will be used to pay the outstanding debt.

LITIGATION FOR CLAIMING COMPENSATION OF AN UNPAID INVOICE

Since the last reform of the Spanish Civil Procedure Law of 2000, Ley de Enjuiciamiento Civil, the modernization of the regulation controlling litigation on getting  settlement on all types of unpaid invoices has been greatly improved and because the law has made the process much simpler and straightforward positive results have increased.  This regulation has been included between articles 812 to 818 of the new Ley de Enjuiciamiento Civil.

To condense the information included within these articles it is now quite quick to receive payment of an unpaid invoice through the Courts of Justice provided that:-

Litigation

My wife and I spend part of our year in Spain and part in the UK. My wife is a retired Court Shorthand Writer and I am a Painter and Decorator.
We met Jose when we sold one of our properties and he was handling the purchase on behalf of a client. We were so impressed with the professional way in which he conducted himself that, immediately following the proceedings, we asked him to represent us in the future.
Since that time Jose has handled several matters on our behalf, always with the same caring attitude, courtesy, speed and utmost diligence. We are particularly impressed with the way he keeps in touch – we always know at what stage matters are at and how things are progressing.
When dealing with a property matter for us (which we know usually takes up to 3 years) he completed all the complications involved in just over a year! This was truly amazing. In connection with this, it was necessary for him to speak to somebody who was only available at the weekends. Without hesitation he travelled from Granada to Cantarranas (over and hour's journey) on a Saturday to deal with the matter: that is dedication
We can't speak highly enough about Jose and the service he provides and would be more than happy to speak to anyone personally, should they wish.

Peter and Anne Reed
Caniles (Granada)