Debt Collection Agency in Spain: Monitorio & Amicable Recovery
Debt Collection Agency in Spain: The Monitorio Makes Undisputed Debts Simple
Spain's Fast Track for Undisputed Debts
Spain's proceso monitorio is one of Europe's most efficient debt collection tools. The creditor files a petition with the Juzgado de Primera Instancia in the debtor's jurisdiction, presenting documentary evidence of the debt. The court issues a requerimiento de pago — a payment order — without a hearing. The debtor has 20 days to pay or object. If neither: the court issues a decreto declaring the debt enforceable.
For undisputed debts up to €250,000, the monitorio is the default procedure. No hearing required, no oral arguments, no attorney mandatory for claims under €2,000. Filing fee: none for claims under €2,000, proportional thereafter. Timeline for uncontested claims: 30-60 days to enforceable title.
For claims above €250,000, the creditor files a juicio ordinario (ordinary proceedings). This is the standard civil procedure with full hearings, legal representation, and typically 12-18 months to judgment.
The Spanish Collection Process
Phase 1 — Burofax. Spain's formal demand mechanism: a certified communication sent through Correos (Spanish postal service) with legal proof of content and delivery. The burofax establishes that the debtor received the demand and its specific contents — creating the documentary foundation for court proceedings.
Phase 2 — Amicable collection. A Spanish-speaking collector contacts the debtor. Resolution rates for commercial debts under 12 months: approximately 50-60%. Spanish business culture values personal relationships — a collector who communicates professionally in Castilian Spanish and understands regional business customs produces better results.
Phase 3 — Proceso monitorio. For undisputed claims up to €250,000. The streamlined procedure produces enforceable titles faster than most European equivalents.
Phase 4 — Enforcement. Spanish enforcement tools include embargo de cuentas bancarias (bank account seizure), embargo de bienes (asset seizure), and embargo de inmuebles (property seizure) through the Juzgado de Primera Instancia.
Key Legal Parameters
Statute of limitations: 5 years for commercial claims under Article 1964 of the Código Civil (reformed in 2015, reduced from 15 years).
Late payment interest: ECB base rate + 8 percentage points for B2B under Spain's transposition of the EU Late Payment Directive (Ley 3/2004), plus a fixed €40 recovery cost per invoice.
EU instruments: European Payment Order, EEO, and EAPO all available for cross-border claims involving Spanish debtors.
Spain rewards early, documented action. The proceso monitorio handles undisputed debts efficiently — but the 5-year limitation means claims must be pursued promptly.
