€340,000 in unpaid invoices from a Madrid-based distributor. Your accounts receivable team sent the first reminder at 30 days. The second at 60. By day 90, they'd escalated to a strongly worded email with "legal action" in the subject line. The distributor read it, presumably, and continued not paying.
Here's what your team didn't know: in Spanish B2B debt collection, the first 90 days after default aren't just important — they're decisive. Recovery rates in the amicable phase consistently exceed 80%. Once you cross into month four, that number starts falling. By month eight, you're looking at 40% recovery rates and the near-certainty of legal proceedings.
Why Speed Matters More in Spain Than Most Markets
Spanish commercial culture has a particular relationship with overdue payments. Ley 15/2010 mandates 30-day payment terms for commercial transactions, but the gap between what the law says and what actually happens is wide enough to drive a truck through. Late payment is endemic — not because Spanish companies are dishonest, but because the system tolerates it until someone applies real pressure.
That pressure has a shelf life. A demand from a professional collection agency in the debtor's first quarter of default lands with authority. The same demand at month ten lands on a desk already buried in creditor correspondence.
The Three Phases of Collecting in Spain
Phase 1: Amicable collection (days 1–90). A locally-based agent contacts the debtor directly — in Spanish, with knowledge of their legal obligations and the specific consequences of continued non-payment. This isn't a courtesy call. It's a structured process designed to move the debtor from ignoring you to negotiating with you. For commercially viable debtors, this phase resolves the majority of cases. The key is starting before the debtor decides you're not serious.
Phase 2: Pre-legal escalation (days 60–120). If amicable contact doesn't produce results, a formal legal demand from a Spanish attorney changes the tone. This signals that court filings are being prepared and the creditor has committed legal resources. Many debtors who resist phone calls and formal letters settle when an attorney's letterhead appears. The cost is modest (€300–€800) and the signal value is high.
Phase 3: Legal proceedings (120+ days). Spain's monitorio payment order provides a fast-track route for documented commercial debts. Filing costs are proportional to the claim amount, and the procedure produces an enforceable court order in as little as 20 days for uncontested claims. For contested debts, juicio ordinario adds 6–18 months but provides full judicial resolution.
What Makes Spanish Debtors Different
Spanish commercial debtors typically fall into three categories, and the collection approach differs for each:
The cash-flow manager. This debtor can pay but is using your money as free working capital. They pay domestic suppliers first (who can apply immediate pressure) and international creditors last (who can't). A local collection agent reverses this priority by demonstrating that you now have local enforcement capability.
The genuinely distressed. This debtor wants to pay but is facing real financial difficulty. The signs: partial payments, open communication, willingness to discuss a payment plan. A structured settlement — instalments tied to specific dates with default clauses — is usually the optimal outcome. Pushing too hard may tip a viable debtor into insolvency, which benefits nobody.
The strategic defaulter. This debtor has decided not to pay and is testing whether you'll pursue it. The signs: silence, tactical disputes raised months after delivery, sudden claims about quality or scope. This debtor requires rapid escalation to legal proceedings because every month of delay is a month they're spending moving assets beyond your reach.
FAQ
My debtor keeps promising to pay "next month." How long should I wait?
One broken promise is a data point. Two is a pattern. If the debtor has promised payment twice and delivered neither, professional collection should begin immediately. The promises are a delay tactic, and each month of patience costs you recovery probability.
Is there a minimum debt amount worth collecting 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) can be effective as a standalone measure. The economics improve significantly above €25,000.
Alan Perez
💥 World citizen / 🛵 Tourist, Senior Debt Collection Manager, Business Debt Claims Expert
