Prevention of late payments and management of late payments

If you need an immediate, efficient and quality legal service, Fernández and Simón is your office.


Default prevention is one of the main preventive measures carried out by small and medium-sized companies. Therefore, it is essential to have comprehensive legal advice ranging from the drafting of the most common documents in commercial relations such as contracts, addenda, promissory notes, bills of exchange, etc. to the drafting of out-of-court agreements or even lawsuits.

Feasibility study of the claim

It is also advisable to carry out a prior feasibility study of the claim to be made, being a very effective method for our client to know exactly where it stands and can assess the pros and cons of embarking on a lawsuit for a delay in payment or a complete non-payment of the debt. In addition, we offer a study of the debtor’s solvency situation which, clearly, will determine the materialization of the payment.

Also, it is important to know and apply the legal framework in force in Spain, which has packages of measures to combat late payment in commercial transactions, and also all the Community regulations, with various Directives on this matter.

Measures against late payment

The substantive measures against late payment consist of establishing, in general, a deadline for the payment of interest for late payment, determining its automatic accrual, indicating the rate of interest for late payment and granting the creditor the right to claim reasonable compensation from the debtor for the costs of collection. To these measures is added the possibility of agreeing on retention of title clauses to the effect that the seller retains ownership of the goods until full payment of the debt.

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    Delinquency files

    Delinquency files are the solvency files used by credit institutions to evaluate the economic solvency of individuals, in order to facilitate commercial transactions and improve the solvency of the financial system.

    However, in recent decades, these files have very often been used as a coercive instrument against individuals and private entities that, without being so, have been improperly included in these lists as defaulters.

    Faced with these situations, which violate the right to honor, a procedure must be initiated in order to obtain compensation for such illegitimate inclusion.

    Services for the prevention of late payments and management of non-payments.

    In Fernández and Simón Abogados we advise all types of commercial entities, autonomous professionals, cooperatives, federations and even public law corporations in this matter. We offer a fast and efficient service, analyzing the most suitable legal solutions and accompanying our customer throughout the process.

    Our catalog of services in this area is suitable for all types of entities and corporations, always offering the best solution for each situation:

    • Information on the companies with which they contract, by accessing databases and Official Registry.
    • Support in contracting (drafting of documents, contracts, promissory notes, etc.).
    • Preliminary study of the feasibility of the claim.
    • Study of the debtor’s solvency.
    • Claim and extrajudicial negotiation of the debt.
    • Claim via notary of the debt: management of requirements and notarial monitorios.
    • Legal claims and advice.
    • Claim of commercial debts.

    Do you need a trustworthy professional?