The Organic Law 1/2025, of January 2, 2010, introduces importantintroduces important measures to measures to improve the efficiency of the Public Justice Service.and one of its most relevant novelties directly affects companies and self-employed companies and self-employed people who wish to claim judicially unpaid debts from their clients. by their clients.

This new legal framework This new legal framework makes it compulsory to prove a prior attempt to negotiate with the debtor before a lawsuit can be filed. From Tecem Lawyersspecialists in quantity claims in Malaga, we explain how this law affects you and how we can help you to comply with its legal requirements.

When does Organic Law 1/2025 enter into force?

The standard was published in the BOE on January 3, 2025 y will enter into force on April 3, 2025, with some exceptions specified in its final provision 38.with some exceptions specified in its final provision 38.

Mandatory requirement: Attempt to negotiate prior to judicial process

One of the most significant changes of this law is that companies will have to prove that they have sent a binding offer to the debtor prior to initiating legal proceedings. This step becomes a procedural requirementthat is to say, without complying with it, the court will not admit the claim.

What is a binding offer?

It is a formal and documented payment proposal or agreement that the creditor that the creditor (the company) sends to the debtor with the intention of to avoid litigation by means of an out-of-court settlement..

Minimum term of 30 working days after offer

Once the binding offer has been sent, the creditor must wait a minimum of 30 business days. wait a minimum of 30 business days before filing suit.

What should you keep in mind?

• The term begins upon receipt of the offer by the debtor..

• The communication must be made by reliable means: bureaufax, registered letter with acknowledgement of receipt or electronic means with certificate of delivery..

  • Accept the agreement.

  • Reject it.

  • No answer (it will be understood that there is no agreement).

    During those 30 days, the debtor may:

Only after the term has elapsed without an agreementthe company will be able to file a claim for payment.

How can Tecem Abogados in Malaga help you?

At Tecem Abogados y Asesoresspecializing in Commercial and Civil Law in Malaga, we offer you a comprehensive service in the management of non-paymentsWe offer you an integral service in the management of non-payments, fulfilling all the legal requirements of the new law:

• Drafting and sending of binding offers
• Pre-trial legal advice
• Legal representation in proceedings for payment claims
• Out-of-court strategies to recover your debt faster and at a lower cost

Avoid procedural errors that could lead to the inadmissibility of your claim. Rely on lawyers specialized in corporate delinquency management in Malaga..

The Organic Law 1/2025 means a transcendental change in the debt claim processes. Preparing adequately for these new requirements is not only key to protect your rights as a creditor, but also to expedite the procedures.

At Tecem Lawyers Malaga we accompany you in every step of the process. We are your legal ally to claim effectively against delinquent customers..