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Claiming against a debtor in Spain using a European Enforcement Order (EEO)
Gascón Bernabéu is a firm of solicitors who specialise in international debt collection for both private clients and companies.
Our particular focus in on cross border disputes between Spain, the United Kingdom or other countries in the EU.
How do I claim against a debtor in Spain from another country?
If your debtor is officially resident in Spain, either as an individual or company, Gascón Bernabéu Abogados can help you.
The European Enforcement Order is a very good method of achieving cross border debt collection.
The first step is to obtain a judgment in your favour in court in your home country. The judgment should be final.
The judgment you win in court can then be enforced in Spain.
The European Union introduced the European Enforcement Order so that judgments obtained in one EU country can be recognised and executed in another EU member country.
How do I enforce a judgment against a debtor in Spain?
Once you have obtained a judgment in your favour, that judgment will be recognised in every EU country.
In order to enforce it in Spain, you must ask the court to issue a European Enforcement Order certificate.
Once the European Enforcement Order is obtained, the standard procedure for execution in Spain can be followed.
What is a European Enforcement Order (EEO)?
The EU introduced the European Enforcement Order to simplify the process of claims between parties in different member states.
The EEO system has served to speed up the process of enforcement of judgments issued in one country and then executed in another.
Gascón Bernabéu Abogados can assist you through each step of the process.
Once the EEO has been issued by the court, it can be utilised in Spain.
Can a European Enforcement Order be rejected in Spain?
The only reason that a European Enforcement Order can be refused in Spain, is if it conflicts with another judgment in another EU country between the same two parties.
The enforcement of the European Enforcement Order is carried out under the normal rules for judgments in Spain.
How are these type of judgments enforced in Spain?
Foreign judgments are executed through the court system in Spain. Unlike in many other countries the Spanish courts have the powers to seize assets. This includes funds held in Spanish bank accounts.
How Gascón Bernabéu Abogados can help
Our experienced team of solicitors can help you with at every stage. If you do not yet have a judgment, we can provide advice on best to proceed in your home country with a view to obtaining a European Enforcement Order and executing in Spain.
We frequently work in cooperation with our clients´ solicitors in their home country to prepare cases for execution in Spain.
If you already have a judgment and European Enforcement Order, you are ready to execute the judgment in Spain against the debtor.
If you would like a no obligation consultation, please don’t hesitate to contact us