There are debts that seem obvious. The invoice has been issued, the service has been provided, the product has been delivered, the rent is due. And yet, when the company or person becomes insolvent, the feeling is the same as arriving at a door and discovering that the lock has changed: after all, to receive payment, it's no longer enough to simply "demand" it.
In insolvency proceedings, filing a claim is the step that determines whether your right is upheld or excluded. And often, what ruins everything isn't a lack of merit. It's a missed deadline, a lack of evidence, or a poorly structured claim.
This article explains how claims work in insolvency proceedings in Portugal, what you should prepare, how to prove amounts, which deadlines are usually critical, what happens after filing a claim, and the most common mistakes that cause a creditor to lose strength.
What is a credit claim?
A claim for credit is the act by which a creditor formally communicates, in insolvency proceedings, that they have a claim against the insolvent party and requests that this claim be recognized.
In practice, it's the way to get on the list of creditors and become eligible to participate in the process, whether to vote on plans, to receive payments in liquidation, or to discuss classification and guarantees.
Without filing a complaint, the creditor risks being left out of the verification and ranking process. And being left out, in the real world, means one thing: even if you're right, you might not receive anything.
That is why, as soon as there is news of insolvency, the creditor must change their approach. It is no longer the time to "send emails." It is time to treat the debt as a process.
Insolvency, PER (Special Recovery Plan) and "pre-insolvency proceedings": don't confuse the two scenarios.
Before discussing deadlines and documents, it's worth clarifying a common misconception.
Some seek insolvency using the same logic as the PER (Special Recovery Plan) or other restructuring mechanisms. These are different realities.
In a PER (Special Recovery Plan), for example, there is negotiation for revitalization, and the logic is to try to avoid insolvency. In insolvency, the process already has its own rules for verifying claims, administration, and eventual liquidation.
If your situation is still in a pre-insolvency phase, it may be helpful to understand the framework of... Special Revitalization Process (PER) and, when the topic is market risk and warning signs, supplement with Technical Bankruptcy: What to do legally.
Where the deadline originates: the order and the publication.
Claims for credit depend on deadlines. These deadlines are counted from procedural acts that are publicized and open the window for filing a claim. This is where many creditors fail, because they discover the insolvency too late, or they discover it early but don't understand when the time limit begins.
The rule of thumb is simple: when you know there's a lawsuit, quickly confirm the date of the relevant action and the indicated deadline for filing a claim. Then, work with a margin of error.
If you are conducting a preliminary risk analysis, it is also useful to consult public records to understand if the entity has been insolvent or involved in related mechanisms. This topic is addressed in... List of insolvent companies, PER, PEAP and PEVE.
Who should file a claim and what types of credits are available?
Simply put, a claim should be filed by anyone who has a right to credit against the insolvent party. However, the way the credit is presented changes depending on its nature.
In practice, it frequently appears:
- Credits for invoices and supplies;
- Rent in arrears;
- Loans and mutual agreements;
- compensation;
- labor credits;
- Guarantees invoked (sureties, guarantees);
- Loans secured by mortgage or pledge.
In addition to the amount, the classification matters because the classification influences payment priority.
Therefore, two people with the same face value can have very different results if one has collateral and the other has ordinary credit.
What should be included in a well-written credit claim?
A claim for payment is not a venting of frustration. It's a piece of evidence. If it's vague, it loses strength. If it's incomplete, it opens the door for rebuttal.
And if it is poorly structured, it can lead to rejection or partial recognition.
In practical terms, a solid complaint usually includes:
- Creditor identification (full details and tax identification number);
- Identification of the insolvent party and reference to the legal proceedings;
- Description of the credit and its origin (contract, invoice, judgment, agreement);
- amount owed, with a breakdown (principal, interest, penalties where applicable);
- due date and any potential late payment charges;
- indication of the nature of the credit (common, privileged, secured, subordinated), when a basis exists;
- Description and proof of guarantees (mortgage, pledge, reservation of ownership, surety, etc.);
- attachments that prove everything that has been stated.
The goal is for any impartial reader to understand, in minutes, what happened, how much is left to pay, and why.
Documents that typically make a difference
Evidence is what sustains a claim. When evidence is lacking, the claim is weak. And when the evidence is unclear, the other party gains grounds to attack.
In many cases, the most relevant documents are:
- contracts and addendums;
- invoices and transport documents;
- Proof of delivery or acceptance of services;
- communications (emails) that confirm execution and acceptance;
- Bank statements showing partial payments and balance;
- Acknowledgment of debt or payment agreement, if any;
- court decisions, injunctions or enforceable instruments.
When the debt arises from a previous collection, it can be helpful to incorporate tools such as... Injunction to recover debts or the general guide to Injunction Proceedings.
Interest, penalties, and "what can I include?"“
Another common mistake is claiming a "round number" without justification. In insolvency proceedings, it's not enough to say "you owe me 20,000." You should explain how you arrived at that amount.
In simple terms:
- capital is the base amount due;
- Interest rates depend on the legal basis and the date of default;
- Penalties depend on the contract and legal limits.
A well-presented complaint provides evidence and proof. When it doesn't, it opens the door for cuts.
What happens after you complain?
After the claim for credits is submitted, the process enters a phase where the credits are analyzed.
In practical terms, there are three moments that are of interest to the creditor:
- The moment of verification: The insolvency administrator reviews the claims and compares them with the documentation.
- The moment for discussion: There may be challenges, objections, and disagreements regarding value, nature, or guarantees.
- Graduation: This is where the court determines the order of payment when there is an insolvent estate to distribute.
In simple terms: complaining gets you in line. But how you complain determines your position in line.
Objections and conflicts between creditors: when the problem is not the insolvent party.
There is one point that surprises many creditors. Sometimes, the main conflict is not with the insolvent party. It is with other creditors.
This happens when there is a dispute over guarantees, privileges, property reservations, or when someone claims values that others consider inflated.
In these scenarios, claims must be prepared with a litigation mindset: clean evidence, an objective narrative, and clear grounds.
If your case involves a broader discussion, it might make sense to frame the cost and strategy logic within... Commercial Disputes: When to Go to Court and What are the Costs?.
Secured creditors: why the way to claim changes
When there is real security, such as a mortgage or pledge, the creditor should not limit themselves to claiming the value.
You must identify the guarantee, attach proof of registration where applicable, and indicate the asset. burdened.
A poorly executed technical detail here could lead to the credit being treated as ordinary, which alters its priority.
If your claim is linked to prior enforcement, seizure, or attachment, there are also related issues that may intersect, such as the limits of certain attachments. For example, in a banking and enforcement context, it may be helpful to understand the framework of... My bank account has been seized: can I use the money?.
Labor credits: sensitivity and proof
When labor claims are involved in the process, the logic of proof and priority can be sensitive.
Often, the amounts are related to unpaid wages, allowances, unused vacation time, training hours, and compensation.
The employee creditor must gather documentary evidence and understand that deadlines and statutes of limitations may have an impact, even outside of insolvency proceedings.
For context on specific credits, it may be helpful to see Unused vacation time: can I demand payment? And when the topic involves compensation, read Compensation for work-related accidents.
Complaining too late: is it still possible?
This is a typical question. The creditor discovers the insolvency after the deadline and wants to know if they can still claim.
The answer depends on the stage of the proceedings and the applicable regime, but the practical idea is this: filing a claim late is always more difficult, more expensive, and riskier.
Even when there is still some recourse, the creditor loses strength and may lose priority. Therefore, the best strategy is to act early and methodically.
If you are monitoring a risky situation with a company, use the alert as a signal to reorganize: contacts, evidence, contracts, and documents. What is not prepared now may be missing when the deadline opens.
Common mistakes that cause lenders to lose money.
There are mistakes that are repeated every month in bankruptcy cases.
- Missing the deadline and trying to "fix it later".
- To file a complaint without attaching sufficient evidence.
- Claim the total amount without separating principal and interest.
- Do not provide any warranties or registrations.
- Ignoring communications and not responding to challenges.
- Leaving everything to the accountant without legal validation, especially in complex cases.
The goal is not to dramatize. It's to be realistic: claiming credits is a technical matter, and technique determines the outcome.
If you are in debt: why does this also concern you?
Even from the debtor's perspective, understanding the list of claimed debts is important. Because the list of claimed debts defines the size of the problem. And it defines what is possible to negotiate.
If you are in a situation of personal insolvency, it may be helpful to understand the options and requirements in Personal insolvency: payment plan vs. discharge and view the specific page of Personal Insolvency in Braga.
For companies, early analysis and a restructuring strategy can make all the difference before entering an irreversible phase.
Conclusion
In insolvency proceedings, filing a claim is the step that distinguishes a participating creditor from an observing creditor. Simply being right isn't enough; one must enter the process with timely action, supporting evidence, and a well-structured claim.
Those who file a claim early, with clear documentation and a detailed breakdown of the issue, gain a competitive advantage, reduce the risk of challenges, and increase their chances of receiving payment, even in challenging circumstances.
If you need support to claim your debt, respond to disputes, discuss guarantees, or define a recovery strategy, talk to our team. CSG Lawyers and protect your position rigorously. If you are looking for a attorney To analyze your case discreetly and strategically, we are available to help.
