How to claim unpaid invoices: the 5 most common ways to do it

[jrineakter]

Sometimes, collecting invoices is not an easy task. We know that the deadline for paying invoices is 30 calendar days. A period that can be extended by mutual agreement between companies, without ever exceeding the payment deadline of 60 days. What if when the deadline expires, we have not been paid? Then we consider that the clients are in arrears and we can claim the unpaid invoices in different ways that we will explain in the following article.


Let's go into detail about each of the ways so that you can collect invoices on time and without problems.

1. Phone call
When dealing with a client who is late with payments, one way to follow up in order to collect is to call them by phone. This way, on the one hand, it is easier to obtain a concrete verbal commitment regarding payment. In addition, the tone of the request can be better modulated, maintaining a good, cordial relationship while claiming the outstanding debt.

2. Send emails
Email is a formal and professional way of iran number data claiming invoices. It has the advantage of allowing a record of the communication. Thus, if a client does not pay after several emails on different days, and if the matter ends up being dealt with in court, there will be documentation to support the entire case.

3. Send a certified letter with return receipt
If the customer does not show any cooperation or commitment to make the payment, the company may consider taking the matter to higher authorities. A certified letter is a formal request that confirms that payment has been requested from the debtor. This letter must detail the amount owed, the due date of the invoice and the consequences of non-payment, such as the possible initiation of legal action.

4. Judicial claim: monitoring procedure
If after using all the extrajudicial means available to us (personal contact, friendly letter, burofax) we have not managed to get the debtor to pay us, we will have no other option than to resort to justice through the monitoring procedure.

What is the monitoring procedure for claiming unpaid invoices?
The monitoring procedure is regulated by the Civil Procedure Law and is a fast track to claim debts.

The first thing we must take into account is that in order to use this formula, which is not a typical lawsuit but a claim filed before the civil courts , the debt whose payment we request must be payable, of a monetary nature and must already be due.

Anyone who seeks payment from another party for a monetary debt of any amount, liquid, determined, due and payable, may resort to the monitoring process when the debt is proven.

That is, the debt must meet certain requirements to be enforceable through the monitoring procedure:

If the debt is of a specific amount, only money can be claimed.
The debt due date must have passed.
You must be able to document the debt and the business relationship through some supporting document: invoice, delivery note, emails, burofax, etc.
There is no limit on the amount.
Please note that if the debt claimed is less than €2,000, you will not need a lawyer for the trial . The court clerk will study the case and any possible discrepancies. And, finally, it will be the judge who makes the decision.

How do I submit an application for a monitoring procedure?
The monitoring procedure will begin at the request of the creditor. And to do so you must use the official claim form that you can download right here

You must fill out the form with your details, the details of the debtor, the amount you are claiming and sign it, providing a power of attorney if you are doing so on behalf of a company. Don't forget to include the documents that prove the debt and make a copy for the debtor (of the application and the supporting documents).

Once you have completed the application, submit it to the court of first instance of the debtor's domicile.

Once the application has been submitted, a judicial officer is responsible for locating the debtor personally to inform him of the payment request and to record the result of the meeting. From the moment he is informed of the situation, the debtor has 20 days to pay or oppose the request.