{"id":2407,"date":"2025-04-03T11:24:57","date_gmt":"2025-04-03T09:24:57","guid":{"rendered":"https:\/\/tecemabogados.com\/what-does-organic-law-1-2025-on-the-obligation-of-prior-negotiation-in-judicial-claims-against-defaulting-customers-imply\/"},"modified":"2025-04-03T12:41:54","modified_gmt":"2025-04-03T10:41:54","slug":"what-does-organic-law-1-2025-on-the-obligation-of-prior-negotiation-in-judicial-claims-against-defaulting-customers-imply","status":"publish","type":"post","link":"https:\/\/tecemabogados.com\/en\/what-does-organic-law-1-2025-on-the-obligation-of-prior-negotiation-in-judicial-claims-against-defaulting-customers-imply\/","title":{"rendered":"What does Organic Law 1\/2025 on the Obligation of Prior Negotiation in Judicial Claims against Defaulting Customers imply?"},"content":{"rendered":"

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

This new legal framework This new legal framework makes it compulsory to prove a prior attempt to negotiate with the debtor<\/b><\/span> before a lawsuit can be filed. From Tecem Lawyers<\/b><\/span>specialists in quantity claims in Malaga, we explain how this law affects you and how we can help you to comply with its legal requirements. <\/p>\n

When does Organic Law 1\/2025 enter into force?<\/b><\/h2>\n

The standard was published in the BOE on January 3, 2025<\/b><\/span> y will enter into force on April 3, 2025, with some exceptions specified in its final provision 38.<\/b><\/span>with some exceptions specified in its final provision 38.<\/p>\n

Mandatory requirement: Attempt to negotiate prior to judicial process<\/b><\/h2>\n

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

What is a binding offer?<\/b><\/h3>\n

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

Minimum term of 30 working days after offer<\/b><\/h2>\n

Once the binding offer has been sent, the creditor must wait a minimum of 30 business days. wait a minimum of 30 business days<\/b><\/span> before filing suit.<\/p>\n

What should you keep in mind?<\/b><\/h3>\n
    \n
  • \n

    The term <\/span>begins upon receipt of the offer by the debtor.<\/b>.<\/span><\/p>\n<\/li>\n

  • \n

    The communication must be made by reliable means: <\/span>bureaufax, registered letter with acknowledgement of receipt or electronic means with certificate of delivery.<\/b>.<\/span><\/p>\n

      \n
    • \n

      Accept the agreement.<\/p>\n<\/li>\n

    • \n

      Reject it.<\/p>\n<\/li>\n

    • \n

      No answer (it will be understood that there is no agreement).<\/p>\n

      During those 30 days, the debtor may:<\/p>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n

      Only after the term has elapsed without an agreement<\/b><\/span>the company will be able to file a claim for payment.<\/p>\n

      How can Tecem Abogados in Malaga help you?<\/b><\/h2>\n

      At Tecem Abogados y Asesores<\/b><\/span>specializing in Commercial and Civil Law in Malaga, we offer you a comprehensive service in the management of non-payments<\/b><\/span>We offer you an integral service in the management of non-payments, fulfilling all the legal requirements of the new law:<\/p>\n

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

        Avoid procedural errors<\/b> that could lead to the inadmissibility of your claim. <\/span>Rely on lawyers specialized in corporate delinquency management in Malaga.<\/b>.<\/span><\/p>\n

        The Organic Law 1\/2025<\/b><\/span> 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. <\/p>\n

        At <\/span>Tecem Lawyers Malaga<\/b> we accompany you in every step of the process. <\/span>We are your legal ally to claim effectively against delinquent customers.<\/b>.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

        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 […]<\/p>\n","protected":false},"author":1,"featured_media":2406,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":"","rank_math_title":"Organic Law 1\/2025, defaulters | Tecem Abogados","rank_math_description":"Organic Law 1\/2025 defaulters en M\u00e1laga con total garant\u00eda jur\u00eddica. Asesores especializados, resultados probados. Primera consulta gratis.","rank_math_canonical_url":"","rank_math_focus_keyword":"Organic Law 1\/2025, defaulters"},"categories":[59],"tags":[94],"class_list":["post-2407","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-organic-law-1-2025"],"acf":[],"_links":{"self":[{"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/posts\/2407","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/comments?post=2407"}],"version-history":[{"count":1,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/posts\/2407\/revisions"}],"predecessor-version":[{"id":2409,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/posts\/2407\/revisions\/2409"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/media\/2406"}],"wp:attachment":[{"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/media?parent=2407"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/categories?post=2407"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tecemabogados.com\/en\/wp-json\/wp\/v2\/tags?post=2407"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}