How to Claim Debts from Delinquent Clients under Organic Law 1/2025

Delinquency is one of the most common problems faced by freelancers and SMEs. Not receiving payment for products or services directly affects the cash flow and overall operation of the business. With the entry into force of Organic Law 1/2025, the process for claiming debts has become more complex, requiring companies to follow new steps before going to court.

Why is it now more difficult to collect from delinquent clients?

Organic Law 1/2025 establishes that, before filing any lawsuit, it is mandatory to conduct a prior negotiation with the debtor. This step aims to encourage out-of-court solutions and can only be carried out through procedures known as Appropriate Means of Dispute Resolution (MASC).

If this negotiation is not carried out, the court will not accept the claim, and the good faith demonstrated during this phase will also affect the payment of legal costs. There are also confidentiality limits, meaning negotiation documents cannot be directly used in the lawsuit.

 

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Key changes in the debt collection process

1. New claims protocol: Before going to court, it is essential to document the prior negotiation and follow the MASC procedures.
2. Adapted payment requests: While formal notices (burofax) are still useful, their content must be adjusted to comply with legal requirements.
3. Strategic choice of judicial procedure: Some processes, such as the monitorio procedure, may be less effective if the debtor has already presented reasons for not paying during the prior negotiation.

Practical tips for companies and freelancers

• Document every attempt to negotiate with your delinquent client.
• Ensure all communication complies with the legal requirements of the MASC.
• Evaluate the most appropriate judicial procedure after the extrajudicial negotiation.

How we can help you from Adlanter

At Adlanter, we understand that your time is valuable and that you want to focus on growing your business. That’s why we offer:

• Comprehensive advisory on the obligation to conduct prior negotiations before filing a lawsuit.
• Guides and templates to carry out extrajudicial debt claims effectively.
• Support with documentation to ensure your claim complies with Organic Law 1/2025 and maximizes your chances of success.

Manage client delinquency professionally, reduce risks, and ensure your claims are accepted and effective with the support of Adlanter’s commercial advisory team.