Freight, logistics services and unpaid invoices. Late payment interest under Act 3/2004 and payment order proceedings.
Unpaid invoices are the most frequent and most costly problem faced by transport, logistics and international trade companies. Unpaid freight, outstanding logistics service invoices, unpaid storage charges, pending freight forwarder fees, unsettled nautical service bills: in all these cases, the time elapsed between invoice due date and the initiation of proceedings is critical to the final outcome.
From the moment an invoice becomes overdue, the creditor company is entitled to claim not only the principal amount but also:
The LCTTM establishes a one-year limitation period for transport contract claims — significantly shorter than the general Spanish civil law period. For cargo damage and delay claims, there are also specific reservation and notice requirements that must be complied with to preserve the right to claim.
In addition to Act 3/2004 rights, the LOTT establishes a specific sanctioning regime for road transport payments made more than 60 days after invoice date. Companies that contract road transport and pay outside this period may face Transport Inspectorate sanctioning proceedings.
Before initiating any action, we conduct a complete analysis: verification of the claimable amount including late payment interest and recovery cost compensation, review of supporting documentation (contracts, delivery notes, bills of lading, invoices), identification of applicable law and competent forum, and assessment of the debtor's financial position.
We send a formal payment demand with legal effects — limitation period interruption, putting the debtor in default — and manage negotiation with the debtor: deferred payment agreements, debt acknowledgements and other formulas for recovering the credit without court proceedings. In logistics and warehousing, we also advise on the right of retention over goods in custody under Articles 1600 of the Civil Code and 276 of the Commercial Code.
For road transport: the Road Transport Arbitration Board for lower-value claims — fast and cost-effective — or the Commercial Courts for higher-value or complex disputes, using the payment order procedure for fast recovery of undisputed documented debts. For maritime, logistics and nautical services: payment order procedure, ordinary or expedited proceedings before the Commercial Courts, or institutional arbitration where the contract contains an arbitration clause.
For unpaid nautical services — marina fees, shipyard repairs, provisions, charter hire — yacht arrest before the vessel leaves Spanish waters may be the only effective guarantee of payment. See our page: Ship Arrest in Spain. For more information, see our page on ship arrest.
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