Lawyer for contracts, payment claims and commercial disputes

Redouan Rochdi, lawyer at Conesa Legal, Barcelona

REDOUAN ROCHDI

Lawyer for contracts, collection and proceedings

Spanish, Catalan, English, Arabic and Darija

I am a lawyer at Conesa Legal practising in contract law, claims for payment and commercial proceedings, and I advise companies on data protection. My work covers drafting and reviewing contracts, recovering unpaid invoices and amounts due, and conducting the court proceedings that follow a breach.

In every matter, the first step is to establish what can be proved and what outcome is realistic in amount, time and cost. On that basis we decide whether to negotiate, bring a claim, or not claim at all.

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A claim for payment is the court procedure for enforcing an unpaid debt in Spain. Where the debt is documented, the fastest route is usually the monitorio, which has no upper limit and needs no lawyer for the initial petition. If the debtor objects, the case continues as oral proceedings up to 15,000 euros and as ordinary proceedings above.

Contracts, collection and proceedings, with one point of contact

I draft and review contracts, claim the amounts that go unpaid, run the proceedings that arise from them and advise companies on data protection.

Before claiming a debt I review two things, the contract behind it and the evidence of what was delivered or agreed. In a good share of unpaid invoices the problem sits there, in an agreement signed in a hurry or in an acceptance that was never put in writing. That review decides whether the matter gets paid or argued over for months.

The work before a claim is filed means checking which document supports each invoice, demanding payment in a way that counts as evidence, calculating the late payment interest that Law 3/2004 grants, and estimating with numbers whether claiming is worth it. With that done, debt recovery moves faster and with fewer surprises.

Listing a customer on a credit default register requires the debt to be certain, due and payable, payment to have been demanded beforehand, and the debtor to be notified of the listing. It is a fast route to payment and, at the same time, an act of personal data processing, so an improper listing ends in a claim against the creditor. I handle both sides, credit default registers and data protection for the company.

Company matters, shareholders' agreements, changes of director and insolvency are handled by María Teresa Garasa, through company law and the insolvency team. Leases, evictions and inheritance matters, Óscar Ramírez.

Which procedure applies, by the amount claimed
ProcedureAmountLawyer and court agentIf the debtor objects
Monitorio, order for paymentAny amountNot for the initial petitionBecomes oral proceedings up to €15,000, ordinary proceedings above
Oral proceedingsUp to €15,000Not below €2,000, yes aboveA hearing is held and judgment is given
Ordinary proceedingsOver €15,000YesPre-trial hearing, trial and judgment

Articles 249.2, 250.2, 812, 814.2, 818.2 and 23.2 of the Spanish Civil Procedure Act.

Key areas of practice

Reviewing a commercial agreement at the law firm

Contracts: drafting, review and negotiation

Drafting and reviewing sale and purchase agreements, services agreements, distribution agreements and commercial leases. General terms and conditions and their valid acceptance. The clauses that decide the outcome in a dispute are the subject matter, the price and payment terms, the duration, the grounds for termination, the penalties, the governing law and the competent court. Review of an agreement someone has sent you to sign, before you sign it.
Discuss an agreement
Unpaid invoices eating into a company's profit

Claims for payment: the work done before court

Between companies the statutory payment period in Spain is sixty calendar days, and late payment carries interest with no need to agree it in advance or to ask for it first, under Law 3/2004. Almost nobody claims it. Reviewing what supports each debt: the agreement, the order, the signed delivery note, the emails confirming acceptance. A demand for payment made so that it counts both for time limits and for evidence. Calculating interest and the fixed compensation for recovery costs. A documented payment agreement, because collecting part of it is already a win. And an honest estimate of whether claiming is worth it.
Debt recovery in Spain
Judge reviewing the file of a claim for payment

Court claims: order for payment, oral and ordinary proceedings

Order for payment proceedings for documented debts. Oral or ordinary proceedings when the debtor objects, depending on the amount. Enforcement of the judgment and attachment of accounts, receivables and assets. Interim measures where there is a real risk that the assets will disappear. Before starting, time limits and the chances of actually being paid on the table, not only who is right.
Debt recovery in Spain
Two companies resolving a contractual dispute

Commercial proceedings and disputes between companies

Breach of contract and the claim for the loss it causes. Early termination and its financial consequences. Disputes over deliveries, deadlines and the quality of what was supplied. Contractual and non-contractual liability between companies. A documented round of negotiation first, which often closes the matter sooner and more cheaply than a claim. Shareholder disputes and insolvency are handled by the firm's commercial lawyer.
Company law
Payment security documents on a lawyer's desk

Securing payment before anything goes wrong

Retention of title and its effect against third parties. Promissory notes, guarantees and personal security. A credit limit per customer and credit terms in writing. Interest and termination clauses for non-payment. Checking financial standing before extending credit. These clauses are agreed at signature, while there is still room to negotiate them.
Contact us
Chart showing unpaid invoices eating into a company's profit

Credit default registers: listing a debtor without being fined

Listing a customer on a credit default register is one of the most effective collection tools there is, and also the one that generates the most files at the Spanish Data Protection Agency when it is done without meeting the legal requirements. Checking that the debt is certain, due and payable, which is the requirement that almost always fails. A prior demand for payment, mandatory before listing. Notifying the debtor within the legal deadline. Immediate removal once the debt is paid or disputed in court. And defending the company when it is the one facing a claim over an improper listing.
Listing a debtor
Data protection officer reviewing a company's security

Data protection in the daily life of the business

The record of processing activities, which is the starting point. Data processing agreements with suppliers, platforms and outsourced services. Notice and consent in forms, orders and marketing communications. Video surveillance and workplace monitoring, with their limits. Responding to a data subject request, to a security breach or to a demand from the Spanish Data Protection Agency.
Data protection advice
Client meeting held in the client's own language

Working in Spanish, Catalan, English, Arabic and Darija

The agreement and its consequences explained in the client's own language, before signing. Going through documents and correspondence together. Dealing directly with Arabic-speaking clients and suppliers. Documents filed with the courts and the authorities are submitted in Spanish or Catalan, as the procedure requires, and their content is explained to you before you sign.
Contact us
Law firm in Barcelona during a working meeting

How I work

First a review of what already exists: the agreement, the correspondence, the invoices and whatever can be proved today. A diagnosis of what is still undocumented, which is usually the decisive part. A written proposal setting out the options, the approximate cost and the timescale of each. Where the matter touches another area of the firm, I say so in that first review. Meetings in person in Barcelona or by video call.
Let us talk

Tell us what happened and we will set out your options and the likely timescale.

FAQ (Frequently asked questions)

What is the difference between a claim for payment and a debt recovery claim?

Nothing but the name. « Claim for payment » is what the court calls the procedure for asking someone to pay what they owe, whether that is an invoice, a loan or an agreed indemnity. The firm has a page dedicated to the procedure itself; my part is the groundwork on the contract and the evidence, and running the matter afterwards.

Someone has sent me an agreement to sign. Is it worth having a lawyer review it?

If the amount or the duration matter, yes, and it costs far less than the dispute it prevents. I check what happens if the other side fails to perform, how soon you can get out of the contract, how what is owed is calculated and before which court it is argued. Those four clauses decide the outcome years later.

Can I list a customer who does not pay on a credit default register?

Yes, if the debt is certain, due and payable, if payment has been demanded beforehand and if the debtor is notified of the listing. Those three requirements are the ones almost nobody meets, and they are why the Spanish Data Protection Agency imposes fines. If the debtor has disputed the debt in court, it cannot be listed. With the three requirements met it is one of the fastest routes to payment. Without them, the creditor can end up answering for an improper listing.

Do I have to try to reach an agreement before suing?

Yes. Since Spanish Organic Law 1/2025, evidencing an attempt at an amicable solution is a procedural requirement in most civil and commercial matters: without that step, the claim is not admitted. It is usually met with a documented demand or a payment proposal. Where the debt is not disputed and only the schedule needs sorting out, you can start an out-of-court negotiation online and keep proof of the attempt.

Do you also handle shareholder matters and company incorporation?

No. That is handled by María Teresa Garasa, the firm's commercial lawyer, as are insolvency proceedings. I handle contracts, claims for payment, the proceedings that arise from a breach, and data protection. If your matter mixes the two, it is coordinated internally and you deal with one person.

What does a small company actually need on data protection?

At a minimum: knowing what data it processes and why, having that written down in a record of processing activities, giving proper notice in its forms, and having a signed agreement with every supplier that touches those data. From there it scales with the real risk, not with the catalogue.

Will you deal with my case in Arabic?

Yes, in Arabic and in Darija, to explain the agreement, review the documents and follow the matter through. Documents filed with the courts and the authorities are submitted in Spanish or Catalan, as the procedure requires, and I explain their content to you before you sign.

I am not sure a small debt is worth claiming. How do I decide?

With the numbers in front of you, before starting: the amount, the cost of the claim, the debtor's actual means and the likely timescale. With those four figures the decision is made in one meeting, and put in writing.

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