Judgment Enforcement

Provisional vs Final Enforcement

A favorable judgment has no value if you cannot enforce it. The Spanish procedural system distinguishes two enforcement tracks with different requirements.

Provisional Enforcement (art. 524-537 LEC)

• Requested before the judgment becomes final, while an appeal is pending.
• Only judgments ordering payment or action (not declaratory or constitutive ones) can be provisionally enforced.
• The enforcing party must request provisional enforcement in writing.
• The debtor may oppose if enforcement would cause an irreversible situation.
• If the appeal succeeds and the judgment is reversed, the enforcing party must return what was received and is liable for damages.
• No security deposit is required from the enforcing party as a general rule (except in certain special cases).

Final Enforcement (art. 538 ff. LEC)

• Initiated once the judgment is final (no ordinary or extraordinary appeal is available).
• The deadline to request enforcement is 5 years from the date the judgment became final (art. 518 LEC). After that, the enforcement action lapses.
• The debtor may oppose on statutory grounds: payment, set-off, settlement, limitation, etc.

Waiting Period (art. 548 LEC)

After the judgment becomes final, the debtor has 20 business days to comply voluntarily before the enforcing party can request compulsory enforcement. This is a waiting period, not a grace period: enforcement is not carried out during this time, but interest continues to accrue.

Important exception: In provisional enforcement, there is no waiting period. Enforcement may be dispatched immediately.

Seizure of Assets

Order of Seizure (art. 592 LEC)

When the debtor does not pay, the court orders seizure of assets in this legal order:

1. Cash or bank account balances.
2. Short-term receivables and rights.
3. Jewelry and art objects.
4. Cash income (rent, dividends).
5. Interest, income and proceeds of all kinds.
6. Movable property not covered above.
7. Company shares and equity interests.
8. Real property.
9. Salaries and pensions (subject to the limits of art. 607 LEC: the minimum wage is exempt).
10. Long-term receivables and rights.
11. Commercial and industrial establishments.

Salary Seizure Limits (art. 607 LEC)

• The minimum interprofessional wage is fully exempt from seizure.
• Amounts above the minimum wage are seized in progressive brackets: 30% of the first bracket (up to twice the minimum), 50% of the second, 60%, 75%, and 90% from five times the minimum.
• For child support debts, the judge may seize below the minimum wage.

Enforcement of Labor Judgments

Specific Features

• Jurisdiction: the Social Court that issued the judgment.
• Workers are exempt from costs if they have legal aid.
• In reinstatement orders, if the employer refuses to reinstate, the order converts into a monetary award (including back pay).
• FOGASA (Wage Guarantee Fund) is subsidiarily liable if the company is insolvent, subject to legal limits.

Debtor Insolvency

If the debtor is declared insolvent, provisional insolvency is declared and the enforcing party may request review at any later time if new assets appear.

Mortgage Enforcement (art. 681-698 LEC)

A special enforcement procedure that is faster than ordinary enforcement.

Requirements

• The mortgage must be in a public deed registered with the Property Registry.
• There must be an acceleration clause (default on installments).
• After the reform of Law 5/2019, a minimum default is required: 12 installments or 3% of principal in the first half of the loan term, or 15 installments or 7% in the second half.

Electronic Auction

• Since 2015, judicial auctions are conducted electronically through the BOE Auction Portal.
• If the best bid does not reach 70% of the appraised value (primary residence), the debtor may present a third party to improve the offer within 10 days.

Interim Measures (art. 721-747 LEC)

Interim measures aim to ensure the effectiveness of the future judgment. They are requested before or during the main proceedings.

Requirements

1. Appearance of right (fumus boni iuris): reasonable evidence that the claim will succeed.
2. Risk from procedural delay (periculum in mora): risk that delay will frustrate enforcement.
3. Security deposit: the applicant must provide sufficient security to cover damages if the measure proves unjustified.

Most Common Types

• Preventive seizure of assets.
• Preventive annotation of the claim in the Registry.
• Judicial intervention or administration of assets.
• Temporary cessation of an activity.

Enforcement Costs

Enforcement costs are borne by the debtor and include: attorney fees, solicitor fees, appraisal costs, publication of notices, and auction expenses. The debtor may challenge the cost assessment if considered excessive.