How to Collect an Unpaid Debt in Spain: Step-by-Step Legal Guide (2026)

How to Collect an Unpaid Debt in Spain: Complete Procedural Guide

Recovering unpaid debts is one of the most common legal needs in Spain for individuals, businesses, and freelancers alike. This guide covers all available legal avenues: from extrajudicial claims through enforcement, including the monitorio (payment order), verbal proceedings, and ordinary proceedings.

Phase 1: Extrajudicial Claim

Before going to court, you should attempt out-of-court collection. The key tool is the burofax: a certified communication with proof of delivery and content certification. It serves as conclusive evidence that payment was demanded and can interrupt the debt's statute of limitations. Cost: approximately 25-40 EUR.

How Long Do I Have to Claim?

Phase 2: Monitorio (Payment Order): Art. 812-818 LEC

The monitorio is the star procedure for monetary debt claims. It is fast, simple, and does not require a lawyer for debts up to 2,000 EUR.

Requirements (Art. 812 LEC)

1. The debt must be monetary and for a determined amount.
2. It must be due and payable.
3. No upper limit on the amount.
4. Supporting documentation required (invoice, contract, delivery note, burofax, etc.).

Process Steps

1. File the initial petition at the Court of First Instance of the debtor's domicile.
2. The court clerk reviews it and orders the debtor to pay within 20 business days.
3. The debtor can: pay (end of case), do nothing (direct enforcement against assets), or oppose (converts to verbal or ordinary proceedings).

Key Advantage

If the debtor does not respond, you obtain an enforceable title in weeks, no trial needed.

Phase 3: Verbal Proceedings (Up to 6,000 EUR)

For debts up to 6,000 EUR (or if the debtor opposes a monitorio of that amount), verbal proceedings apply (Arts. 437-447 LEC). These typically resolve in 3-6 months with a single oral hearing.

Phase 4: Ordinary Proceedings (Over 6,000 EUR)

For debts exceeding 6,000 EUR, ordinary proceedings apply (Arts. 399-436 LEC). These involve a detailed written complaint, a preliminary hearing, a trial hearing, and typically take 8-18 months.

Phase 5: Enforcement and Asset Seizure

With a final favorable judgment, you can initiate forced enforcement (Arts. 538+ LEC). Assets are seized in a specific order: bank accounts first, then receivables, salaries (above the minimum wage threshold), movable property, and finally real estate.

Salary Seizure Limits (Art. 607 LEC)

Salary up to the minimum wage (1,184 EUR/month in 2025) is exempt from seizure. Above that, increasing percentages apply (30%, 50%, 60%, 75%, 90% on successive brackets).

Frequently Asked Questions

Can I claim interest on the debt?

Yes. You can claim the legal interest rate (currently 3.25%) or, for commercial transactions between businesses, the late payment interest under Law 3/2004 (ECB rate + 8 points, approximately 12%).

What if the debtor has no assets?

The court declares "provisional insolvency." The debt does not expire, enforcement can resume whenever assets are discovered.

Is it worth pursuing small debts?

For debts up to 2,000 EUR, the monitorio without mandatory lawyer fees is cost-effective. Below 500 EUR, the cost-benefit may be negative if the debtor opposes.

How Lexiel Can Help

Debt collection involves multiple procedural rules (LEC), substantive law (CC, Commercial Code), and enforcement provisions. Lexiel AI helps you determine the right procedure based on the amount, verify limitation periods, calculate interest, and prepare your procedural strategy, always with references verified against official sources.