Spain offers foreign creditors several collection paths, each with distinct cost profiles, timelines, and strategic advantages. Understanding which path matches your claim type is the difference between efficient recovery and expensive delay.
Spain's most creditor-friendly procedure. Available for documented, undisputed claims of any amount. Zero court filing fees. The creditor files at the Juzgado de Primera Instancia in the debtor's jurisdiction with the contract, invoices, and delivery documentation. The court issues a requerimiento de pago giving the debtor 20 days to pay or oppose. No opposition? Enforceable title. Timeline: 4-8 weeks for unopposed claims.
For claims supported by a título ejecutivo — notarial deed, bill of exchange, promissory note, or cheque. The court can order embargo (asset seizure) immediately upon filing. This is Spain's most powerful creditor tool for documented commercial claims.
Full court proceedings for disputed claims above €6,000. Requires abogado (lawyer) and procurador (court agent). Timeline: 12-24 months in Madrid, longer in Andalucía. Expensive but necessary when the debtor has a genuine defence.
For EU creditors, the European Payment Order and European Account Preservation Order provide additional tools — particularly useful when Spanish bank account details are known.
Proceso monitorio: €0 court fees + agency commission. Juicio ejecutivo: €300-500 court fees + legal costs. Juicio ordinario: €2,000-5,000+ in legal costs depending on claim value and complexity.
5 years for personal actions (Article 1964, Código Civil). Act early — Spanish courts will not extend expired limitation periods regardless of the claim's merit.
Our debt recovery agency with over 21 years of experience provides: Business to Business Collections Services, Legal Debt Collections and worldwide Skip Tracing services.
