Recovering a Spanish commercial debt works through either Spanish agency placement or direct juicio monitorio (LEC arts. 812–818). Ley 3/2004 gives creditors automatic interest at ECB rate plus 8 points and a 40-euro fixed indemnity per invoice. US creditors need local counsel for court proceedings; agencies accept placements internationally.
For a US company with an unpaid Spanish invoice, the recovery path runs through Spanish law and Spanish courts. There is no equivalent of a US small claims procedure accessible directly by a foreign creditor. The options are: agency placement for amicable collection, or juicio monitorio through Spanish courts with local counsel. This guide explains both paths for US and other international creditors.
| Tool | What it does | Applicable law |
|---|---|---|
| Automatic interest | ECB rate + 8 points from day after due date | Ley 3/2004 art. 7 |
| Fixed indemnity | 40 euros per unpaid invoice | Ley 3/2004 art. 8 |
| Max payment term | 60 days B2B, 30 days with public bodies | Ley 3/2004 art. 4 |
| Juicio monitorio | Court order for documented claims, 2–4 months | LEC arts. 812–818 |
| Juicio ordinario | Full proceedings for contested claims | LEC arts. 399–516 |
| Insolvency filing | If debtor is insolvent: proof of claim | TRLC (RDL 1/2020) |
A Spanish collection agency operates on contingency (typically 12–20 percent for B2B claims) and works the claim through demand letters, phone contact, and negotiation. No court involvement. Effective for solvent debtors who are avoiding payment rather than genuinely unable to pay. Most international agencies accept placements from US creditors directly, without requiring a local representative. The agency takes a limited power of attorney and acts in the creditor's name under Spanish law.
Recommended for: undisputed invoices; debtors who are still trading; claims where relationship preservation matters; claims below the threshold where court costs are proportionate.
The juicio monitorio is Spain's simplified court order procedure for documented commercial claims (LEC arts. 812–818). A creditor files a petition with the court in the debtor's jurisdiction. No hearing is required initially. The court issues a payment order to the debtor, who has 20 days to pay or oppose. If the debtor does not pay or oppose, the order becomes an executable title automatically. Total time for an uncontested claim: 2–4 months from filing. A US creditor must be represented by Spanish-licensed abogado and procurador for court proceedings. The monitorio itself has no minimum claim value, and there is no tasa judicial (court tax) for individuals, though corporate creditors may face modest fees under Ley 10/2012.
Yes. A Spanish collection agency can pursue the debt through amicable means (demand letters, negotiation) without court involvement. Agencies accept international placements. If the amicable phase fails, court proceedings require local Spanish counsel.
Amicable collections: 30 to 90 days for responsive debtors. Juicio monitorio (uncontested): 2 to 4 months. Juicio ordinario (contested): 12 to 24 months in first instance. Enforcement of the title: additional 3 to 12 months depending on debtor assets.
A Spanish commercial debt past 60 days deserves immediate attention. Place a case for a same-day recovery assessment.
Our debt recovery agency with over 21 years of experience provides: Business to Business Collections Services, Legal Debt Collections and worldwide Skip Tracing services.
