How do I write a “burofax” to claim a debt?

Question

José Manuel Alburquerque · Accepted Answer

With a clear, plain text that identifies the debt, states how much is owed and asks for payment within a specific period and by a specific method. It should also genuinely invite the debtor to negotiate, because the law generally requires an attempt to reach an agreement before bringing a claim and a mere demand for payment may not be enough. Send it with certification of the text and acknowledgement of receipt, so that you can prove what it said and when it was received. That way the same burofax serves as a claim, as an attempt to reach an agreement and to interrupt the limitation period, which means making the time limit for claiming start again. What it should say A burofax is a service provided by “Correos”, the Spanish postal service, which, with certification of the text, makes it possible to prove its content and, with acknowledgement of receipt, the date on which the addressee received it. The text should set out the following, in this order: Who is claiming and from whom, with each party's full name, identity document and address. Where the debt comes from and the relevant dates, for example a loan handed over on 10 March 2025, an accepted quote or the number of each invoice. How much is owed, with details of what has already been paid and what remains outstanding. The request for payment within a specific period, with the account number into which it should be made. The invitation to negotiate, which is discussed below. The warning that, if there is no payment or agreement, you will claim the debt in court together with interest and costs. Write politely and without disparaging remarks. Announcing that you will go to court is legitimate. Threatening to publicise the debt, to tell the debtor's employer or family or to report them to the police or the court to make them pay is not legitimate and may backfire on you. The invitation to negotiate The burofax can serve as the attempt to reach an agreement that the law requires if it genuinely invites negotiation. In Barcelona, it is a criterion agreed by the civil sections of the “Audiencia Provincial” (the provincial appeal court) that it is not enough to demand payment and announce that you will go to court. On the other hand, it is enough to express a willingness to negotiate in good faith and to specify the debt being negotiated, without any obligation to make a proposal. Even so, a proposal makes the attempt more robust. For example, “I propose that we look for a solution over the next few days, such as a payment schedule. Please reply within thirty days by email or in writing to this address”. Whatever is negotiated must match what you later claim in court. If you also intend to claim interest or damages, say so in the burofax. If the debtor does not reply within thirty calendar days of receiving it, the attempt is deemed to have ended without agreement and you can then go to court. What it achieves and what happens if it is not collected A written claim interrupts the limitation period, so the time limit for claiming starts again in full. In addition, if no interest was agreed, statutory interest can in principle be claimed from the debtor from the time they receive the claim for a debt that has fallen due. Between businesses and professionals, the Late Payment Act (“ley de morosidad”) sets a higher rate of interest, which is due from the due date without any need to claim it. If the debtor does not collect the burofax, keep the post office receipt showing that delivery was attempted and that a notice was left. In Barcelona, it is a criterion agreed by the civil sections of the provincial appeal court that a delivery not collected after that notice serves to prove that the debtor was invited to negotiate. In Barcelona, it is also a criterion agreed by the court clerks (“letrados de la Administración de Justicia”), who are the first to examine the claim, that if delivery cannot be proved it is advisable to explain this in a “declaración responsable” (declaration of compliance). It is also a criterion agreed by them that WhatsApp conversations, phone calls and text messages are not valid. So also send the same text by email to an address the debtor actually uses and keep proof that they received it.