Carlos Baos: Debt collection advice in Spain and European regulations

In one of our most recent articles, we analysed the possibility of enforcing in Spain a sentence obtained in another state of the EU. Today we are going to put our focus in European Regulation 655/2014. This regulation often goes unnoticed. However, it’s probably one of the most useful legislative tools created by the Union to collection of debts across the board: the European Account Preservation Order (EAPO) .

It can only be requested for civil or commercial cases, with the specificity that these cases may derive from other courts. Perhaps the clearest example to understand this is a criminal offence. This matter is judged in criminal court. However, from a criminal offence always derives a civil liability to compensate the damage. In these cases, the European Order is also applicable.

How to set the process in motion?

Regulation 2016/1823 contains a series of very detailed forms that the creditor must fill carefully: information about the debtor, amounts owed, etc. Then, the form must be sent to the competent court. The court will study if there is sufficient evidence that this measure is necessary to avoid a real risk of non-payment. Once it does, it will issue the European order to the competent organisms of the state where the debtor is suspected to have bank accounts.

One of the strong points of the regulation is that this order is fully enforceable. That means there is no need for any extra recognition by the state receiving the order, which will have to execute the order. Another advantage is that it can be applied even if the creditor does not know the specific bank where the debtor has the funds. In this case, the court that receives the order will conduct an investigation to locate bank accounts in the debtor’s name.

If you suspect a debtor may have bank accounts in another country of the European Union, please do not hesitate to contact us.  We will study your case and offer you expert advice on the matter.

The information provided in this article is not intended to be legal advice, but merely conveys information related to legal issues.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2022 – All Rights Reserved.

You may be interested in the following services and articles:

Execution of foreign judgements in Spain. Exequatur. Brexit. Court order from the European Union and third countries.

Cancelled debt. Claims in insolvency proceedings. Second Chance Law in Spain. When the forgiveness of the debts becomes final

The truth about the European Regulation 650/2012 and the Spanish inheritance taxes.

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