Commercial debt collection in Spain operates under a different regulatory framework than consumer collection. There's no Spanish equivalent of the FDCPA. No restrictions on when you can call a business debtor. No prohibition on contacting a debtor's business associates. The regulatory environment for B2B collection is lighter, more flexible, and more favourable to creditors — which is one reason why commercial recovery rates are substantially higher than consumer recovery rates.
That doesn't mean it's unregulated. The rules exist; they're just different from what you might expect.
The Legal Framework for Commercial Collection in Spain
Ley 15/2010 (Late Payment in Commercial Transactions). The foundational legislation for B2B debt collection. Mandates 30-day payment terms (extendable to 60 days by agreement), establishes statutory late payment interest (ECB base rate plus 8 percentage points), and provides for a minimum €40 fixed recovery cost per unpaid invoice. This law applies specifically to commercial transactions between businesses — not consumer debts. Full breakdown of the legislation here.
Código Civil (Civil Code). Governs contractual obligations, including payment obligations arising from commercial agreements. Establishes the 5-year statute of limitations for commercial claims and the legal basis for interest and enforcement.
Ley de Enjuiciamiento Civil (LEC). The procedural law governing how debts are enforced through Spanish courts. Provides the monitorio payment order (fast-track for documented debts), juicio ordinario (contested claims above €6,000), and juicio verbal (claims under €6,000). These procedures apply equally to commercial and consumer debts, but commercial creditors use them more frequently because B2B debts are typically larger and better documented.
Data protection (RGPD / Spanish LOPDGDD). Even in commercial collection, data protection rules apply to personal data of individuals (directors, signatories, contacts). This doesn't prevent collection — processing personal data for debt recovery is a legitimate interest under GDPR — but it does require that personal data is handled in compliance with data protection principles.
What Commercial Collectors Can Do in Spain
Contact the debtor directly. Phone calls, emails, formal written demands, and field visits to the debtor's business premises are all standard and unrestricted for commercial debtors. There are no restrictions on timing (no "inconvenient hours" rules for business contacts) and no prohibition on contacting the debtor's business office directly.
Issue formal demands with legal weight. Burofax (Spain's certified mail service) creates legally admissible proof of delivery. Formal demands sent via burofax are the standard tool for establishing a documented collection trail that Spanish courts recognise and expect.
Report to debtor registries. Reporting the debtor to ASNEF (Equifax) and RAI (Bank of Spain) can be a powerful pressure tool. Listing on these registries affects the debtor's ability to obtain credit, trade finance, and insurance. Commercial creditors can register unpaid debts that meet certain criteria — primarily that the debt is documented, undisputed, and overdue.
Initiate legal proceedings. File monitorio petitions, civil lawsuits, and enforcement actions through Spanish courts. There's no requirement to exhaust amicable collection before filing — though courts respond more favourably to creditors who demonstrate good-faith collection attempts.
What Commercial Collectors Cannot Do
Misrepresent the debt. Claiming the debtor owes more than they do, fabricating documentation, or misrepresenting legal consequences that don't actually apply. Spanish law prohibits fraudulent misrepresentation regardless of the commercial context.
Threaten actions they can't take. Threatening criminal prosecution for a civil debt, threatening asset seizure without a court order, or threatening consequences that don't exist under Spanish law. Demands must reference real legal provisions and real consequences.
Ignore insolvency protections. If the debtor has entered concurso de acreedores (formal insolvency), individual collection actions are automatically stayed. Continuing to pursue the debtor outside the insolvency framework violates the automatic stay provisions.
FAQ
Do commercial collection laws differ across Spanish regions?
The core legislative framework (Ley 15/2010, LEC, Código Civil) is national. However, some regions (Catalonia, Basque Country, Navarre) have specific civil law provisions that can affect contractual obligations. These regional variations are narrow and primarily relevant to disputes involving local contract law. For standard commercial debt collection, the national framework governs.
Can a foreign creditor use the same legal tools as a Spanish creditor?
Yes. Spanish commercial collection law doesn't distinguish between domestic and foreign creditors. A US, UK, or German company has the same legal rights and access to the same court procedures as a Spanish company. The practical requirement is local representation — a Spanish attorney and procurador — which your collection agency coordinates.
María Solé
💥 Madrid-based Legal Counsel / Spanish Commercial Law & Cross-Border Enforcement Specialist
