lcortez

Have just been reading the "Fed up of UK " thread in Siesta Time,in which was mentioned chasing debtors in the small claims court.
As I will be working as a self employed Locksmith in Spain I was just wondering if theres a similar system in Spain for chasing up bounced cheques etc.Have heard that its illegal to write a cheque in Spain without sufficent funds available to cover it is this true?
Thanx in advance for any advice

Olmos

Hi Icortez, I repplied also the other thread about small claims. In Spain, you have a quick judicial system for cheques called "juicio cambiario". It is illegal to write a cheque without funds, and it can be punished with prison in theory, when there is intention of fraud, and depending on the amount. Juicio or procedimiento cambiario is quick and cheap, and I think that the debtor has 10 days to pay or he will be subjected to "embargo" or attachments of his bank account or cash to pay the debt. Also remember that in Spain, debtor will be responsible of his debts with all his belongings present and futures. Again, in theory.

In theory is good, but you should try to avoid that wait just asking for cash or credit card payment. Once you charge into the credit or debit card, you have the money, and the problem is for the bank. They can cope with some defaults, don't worry about Botin and family.

lcortez

Thanx for reply,did see your post in Siesta time,left reply
Generally being a Cerrajero is a cash business,but on occassion when the higher rates come into play I get offered cheques, occassionally they bounce
Is there a minimum for taking people thru this process,for example, would an amount of 80eur be too low?

rugbymatt

Lcortez, don't forget to drive around after you have fitted a lock and put some super glue in the locks.......................then you can blame the robbers and charge the client twice for the same lock.


Ask Mitzy if you need any pointers.

Mitzyboy

Please dont remind me

Olmos

I have a general idea, my father was a solicitor, not myself, so I have some general idea, but the devil is in the details. I think that there is not minimun for "juicio cambiario" and "juicio monitorio", the problem is that you need solicitor/barrister for the first one, not for the second. So if it is a very small amount, you can have this problem: if the court cannot chase your debtor (Ie tourists), or when some people are heading to insolvency, they spend big style using cheques, you won't get your money back. And then you will have to pay the court fee plus solicitor. I do think that now they work quick at most courts, but I wouldn't bet my farm on it. And the law might have changed, though.

When you have your bank account, ask the bank manager. They know everything about cheques claims. Also, if you are a good-reliable customer, they usually warn you about some people you shouldn't take any cheque. At least this used to happen in small towns.

Also, bear in mind that in your trade, you will do bussiness with construction firms and that sort of people. As you can see in this forum, ethical bussiness behaviour is not their first worry.

Think that most spaniards will pay 80 euros in cash. Cash points and bank-branches are everywhere, far more than in the UK. 100E notes are common, due to the huge size of the black economy. If they want to pay with a cheque, there might be a reason for that, and it will not be a good one for you. At the very least, they are trying to delay the payment. I don't want to scare you, most people are honest. But just a couple of bastards every month are enough to spoil the party.

So you get some problems with cheques bounced back there? I thought that it was mostly a latin speciality.

lcortez

Believe me hermano,its bouncing cheques is also a South London speciality as well.
Generally found the Spanish and immigrants in Spain to be a bit more honest,however I always get cash as far as possible

lcortez

This ACTUALLY happened!!!

rugbymatt

Hell yeah!


Mitzy reached out for some support and for the most part we offered it.....................all except one heartless bastard!

Same Difference

rugbymatt

CLEAN WOMAN!!!!

Same Difference

I want to know who the heartless bastard was?

rugbymatt

Draw your own conclusions.