Success stories
Actions to claim for damages brought against various entities of a business group
OBJECTIVE
- Recovery of various debts for a total amount of more than 300,000 euros due to repeated non-payment of invoices for the supply of products.
METHOD
- A previous analysis of the existing contractual relationship between our client and the debtor companies was made, determining that the best way to start the claims was the payment order process.
- Due to the background and type of company, the probability of the debtors not appearing in court or not opposing the payment order claims was high.
- The aim of this strategy was to avoid declaratory court proceedings which implied a considerable increase in the time of court proceedings.
- Once the four claims for payment had been filed, only one of them was opposed by the debtor, who then went on to the corresponding declaratory trial, which, in any case, was positively resolved with a total ruling with an order for the payment of interest and legal costs.
- In the remaining three proceedings, direct enforceable judgments were obtained which, after becoming final, allowed the commencement of enforcement proceedings against the condemned companies.
- In three of the four enforcement proceedings it was possible to carry out preventive seizures of property, which was essential to ensure the collection of the debts.
- Despite the fact that some properties had previous charges, the preventive seizure turned out to be the very useful tool for the negotiation and recovery of the claimed debts.
RESULT
- After the preventive seizure of several properties with the purpose of avoiding the depatrimonialization of the debtor companies, and with a medium term strategy, these seizures were maintained during a certain period of time until some properties were released from the previous charges or were transferred with the charges, which allowed the beginning of enforcement actions and the total collection of the debt with interest and legal costs in one of the processes.
- In the remaining proceedings, the strategy indicated is currently being maintained, which will allow the recovery, at least partially, of the debts that still exist.
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28046 · Madrid · Spain
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