ACYL Abogados. Specialist in judicial and extrajudicial collection management
We manage judicial and extrajudicial collection in the national territory, specially within the Community of Galicia.
We address all kind of firms, national or foreign, to whom we offer the service of collection management of outstanding invoices.
Our goal is the extrajudicial recovery of the debts, resorting to Court only when the first option turns out unsuccessful and always with a prior assessment about the chance of success of the judicial claim and the solvency of the debtor. We have extensive experience in arrangement with creditors and bankruptcy.
EXTRAJUDICIAL DEBT RECOVERY
Our interest is coincident with yours. The best solution for businesses and professionals is the recovery of debts in an amicable way, not only because of time and costs saving against judicial ruling, but also because of the safeguarding of commercial relations.
We have an extensive experience in negotiation, mediation, arbitration and the drafting or supervision of payment agreements.
Our fees are established on the 5% of the amount finally fixed between both parties in the payment agreement. In large amounts this percentage could be reduced prior agreement.
JUDICIAL DEBT RECOVERY
Just in case the extrajudicial process fails an assessment will be made, about both the legal feasibility of the process and the solvency of the debtor. The clients will decide if they choose the judicial process to recover the debt. This previous assessment increases the chances of success and prevent unnecessary costs for the client in case of insolvency of the debtor.
Our judicial task, includes disputes arising out of the debt against social administrators (company directors) due to their own liability in case of insolvent companies, involving personalized budgets for these kind of proceedings.
RESPONSABILITY OF THE ADMINISTRATORS OF INSOLVENT COMPANIES
The economic crisis has increased the number of small and very small businesses that disappear from the market leaving an enormous variety of unpaid credits and without the legal dissolution established and without the legal dissolution established and without announcing a creditor’s meeting. Frequently, the Firm headquarters is being closed and the administrator (who is usually partner as well) disappeared. In those cases, the judicial sentences admitting the debts with interest and expenses become impossible to enforce as there are no assets. Sometimes administrators act in bad faith, but in occasions they act like that due to a great ignorance of the responsible management of a company. They stop paying their economic and legal consultants and leaving the company to chance.
It proves to be interesting to know the legal ways in Spain to state the responsibility of these administrators.
There are many legal ways to persecute the administrator if he did not act as a “suitable businessman” in the companies Laws and in the Spanish creditors legislation, but… if the administrator has hidden his own patrimony with fraudulent businesses as a separation of property with his wife or sales to his closer relatives? Then the answer is the Criminal Code that encloses the offenses called “punishable insolvencies”.
In Spain there are enough legal mechanisms to persecute these behaviours and that the creditor’s rights are not defrauded.
CREDITORS/BANKRUPTCY
We have extensive experience both in debts claims for firms in bankruptcy and legal intervention to defend businesses in insolvency.
We offer the following services:
- Legal support for the creditors in the insolvency procedures.
- As lawyers of businesses undergoing bankruptcy/arrangement with creditors.