Consumer debt collection and commercial debt recovery are different disciplines. Different legal frameworks, different leverage points, different economics. When an overseas company is owed money by a Spanish business, the recovery process has advantages that consumer creditors don't enjoy — but only if you know how to use them.
The most important difference: commercial debtors in Spain have assets, contracts, and ongoing business relationships that create pressure points. A consumer who owes a credit card company can disappear. A construction firm in Seville that owes a German materials supplier has a registered office, a tax ID, ongoing projects, and a reputation in the local market. That infrastructure becomes leverage in the hands of a competent collection agency.
What Makes B2B Recovery Different in Spain
Ley 15/2010 — your statutory advantage. Spain's late payment law specifically targets commercial transactions. It mandates 30-day payment terms (60 days maximum by agreement) and grants creditors the right to statutory interest from the payment due date — not from when you file a claim. For a debt that's been outstanding for 18 months, that accrued interest can represent a meaningful addition to the recovery amount. This is a lever that consumer creditors don't have.
The monitorio procedure favours documented B2B claims. Spain's fast-track payment order was designed for exactly this scenario — a creditor with a contract, invoices, and proof of delivery seeking payment from a debtor who simply hasn't paid. For commercial debts with solid documentation, the monitorio is efficient, relatively inexpensive, and produces an enforceable court order in as little as 20 days for uncontested claims.
Commercial debtor profiles are traceable. Spanish businesses are registered with the Registro Mercantil, file annual accounts, maintain bank accounts tied to their fiscal identity, and operate from known premises. This makes asset identification and enforcement substantially more practical than in consumer collections, where debtors may have few attachable assets.
The Commercial Collection Process
Phase 1: Amicable collection. A locally-based agent contacts the debtor directly — in Spanish, referencing the specific legal consequences of continued non-payment. For commercial debtors, the calculation is different from consumer cases: the debtor has an ongoing business to protect, and a formal collection action creates complications they'd rather avoid. This phase resolves the majority of commercially viable debts within 30–90 days.
Phase 2: Pre-legal escalation. A formal demand from a Spanish attorney, referencing specific legal provisions and setting a clear deadline for payment. This signals that litigation preparation has begun and the creditor is committed to enforcement. Many debtors who resist amicable collection settle at this stage because the cost-benefit calculation shifts against them.
Phase 3: Legal proceedings. The monitorio payment order for documented, undisputed commercial debts. For contested claims, juicio ordinario (standard civil proceedings). Court costs are proportional to the debt amount and largely recoverable from the debtor in successful cases.
When B2B Recovery Doesn't Follow the Textbook
Some commercial debtors are genuinely insolvent. Spain's concurso de acreedores (insolvency procedure) can complicate recovery if the debtor enters formal proceedings. A competent agency monitors for this and adjusts strategy accordingly — sometimes accelerating legal action to establish a claim before insolvency proceedings are filed, sometimes negotiating a structured settlement that the debtor can actually honour.
Other debtors use tactical disputes to delay payment — claiming quality issues, delivery shortfalls, or scope disagreements that may or may not have substance. Experienced commercial collection agents in Spain recognise these patterns and know how to distinguish genuine disputes from stalling tactics.
FAQ
What's the minimum debt amount worth pursuing in Spain?
Most agencies accept commercial cases from €10,000–€15,000 on no-win, no-fee terms. Below that threshold, a formal attorney demand (€300–€500) may be the most cost-effective standalone measure. The economics improve significantly above €25,000.
How do B2B recovery rates compare to consumer collections?
Commercial recovery rates in Spain are substantially higher than consumer rates — typically 70–85% for debts referred within 90 days, compared to 20–40% for consumer debts. The reasons are structural: commercial debtors have identifiable assets, legal obligations to file accounts, and ongoing business interests that create settlement incentives.
Alan Perez
💥 World citizen / 🛵 Tourist, Senior Debt Collection Manager, Business Debt Claims Expert
