Spanish monitorio procedure: how to claim a monetary debt in 2026

What is the monitorio procedure?

The monitorio is a special civil procedure (Arts. 812-818 LEC) for the fast, efficient recovery of liquid, due and enforceable monetary debts. It is Spain's most agile debt recovery route when the debtor does not contest. There is no upper limit on the amount that can be claimed.

Requirements

Any creditor of a monetary debt may use the monitorio. No lawyer or procurator is required for claims up to €2,000. The debtor must be domiciled in Spain.

The claim must be supported by documents signed by the debtor (contracts, accepted invoices), commercial records, community of owners certificates, or any document evidencing the debt.

Procedure

The court registrar (Letrado de la Administración de Justicia) reviews the petition and, if adequate, orders payment within 20 days. The debtor may:

• Pay: proceedings closed, no judgment required.
• Do nothing: the creditor requests direct enforcement, the order has the force of an enforceable title (Art. 816 LEC).
• Oppose: if ≤€2,000, a summary oral hearing is scheduled; if >€2,000, the creditor has 1 month to file an ordinary claim.

Key advantages

• Enforceable title in 2-4 months if uncontested.
• No lawyer needed up to €2,000.
• No court hearing required if the debtor pays or stays silent.
• Flexible documentation requirements vs. ordinary civil proceedings.

Lexiel helps litigators determine the correct procedural route, draft the monitorio petition and ordinary claim if opposed, and find case law on debt recovery and unfair terms in consumer monitorio proceedings.