Defaulters in Malaga
In the business fabric of Malaga, late payment represents a persistent challenge that directly affects the liquidity and stability of numerous companies and entrepreneurs. According to a report by Axesor, almost a quarter of local companies have faced claims for non-payment, significantly exceeding the national average of 13%.
How does delinquency affect my business?
This phenomenon not only impacts commercial relations, but also jeopardizes the viability of businesses, especially in sectors such as the hotel and catering, construction and manufacturing industries. The Confederación de Empresarios de Málaga (CEM) has pointed out that the Public Administrations owe local SMEs around 500 million euros, exacerbating the financial situation of many companies.
Delinquency in Malaga is not only a financial problem, but also a legal and strategic one. Addressing this issue with the support of specialized professionals is essential to ensure the financial and operational health of companies in the region. This makes this problem bigger than it initially appears.
In response to this problem, the ‘Crea y Crece’ Law has introduced measures to combat late payment by companies. Among them, it is established that companies that do not comply with the established payment deadlines will not be able to access public subsidies and will have to use electronic invoices for greater transparency.
Organic Law 1/2025 and defaulters in Málaga
As of April 3, Organic Law 1/2025 requires that companies must negotiate before suing these types of clients, whether they are individuals or legal entities. This means that the companies that are left with the non-payment of this type of people must wait these 30 working days before being able to take any type of legal action.
This law, designed to improve the efficiency of the public service of justice, introducing important changes in the judicial organization and procedural procedures, makes any person or entity that intends to file a claim in the civil jurisdictional order to prove that, in a due manner, it has tried to negotiate and solve the problem resulting from the non-payment in an extrajudicial manner prior to the legal measure that can be taken after these 30 days, which is now a completely necessary requirement for the admissibility of the claim to be filed.
This also represents a paradigm shift in the Administration of Justice, both in terms of the organizational reform of the courts and procedural reforms, changing in many aspects the work of the legal profession, as well as providing important information on the civil and commercial process and, as mentioned above, the organization of the judiciary in Spain.
In this way, the public service of justice is boosted by measures that directly affect legal practice thanks to the requirements mentioned above.
What to do after this law?
In this context, specialized legal advice is crucial. The offices of Tecem Abogados offer services focused on the claim of unpaid debts and debt collection, providing both extrajudicial and judicial strategies to recover the amounts owed, so do not hesitate to contact us to take your case in the best and most personalized way possible, making it more bearable for you. In this way we will help you to fulfill all the legal steps and to claim your money with guarantees.
For companies and entrepreneurs in Malaga, it is essential to take preventive measures and have the support of experts in commercial law to face the challenges presented by default and ensure the success and sustainability of their businesses. So do not hesitate to contact us so that our offices can help you in the most professional, personal and customized way possible.