Commercial debt recovery in Spain combines a creditor-friendly legal framework with a payment culture that tests it. The laws are clear. The court procedures work. Documented debts can be enforced. What makes Spain different from Northern European markets isn't the legal architecture — it's the gap between statutory payment terms and actual payment behaviour.
This guide covers the entire operational framework: from prevention through amicable collection to legal enforcement, calibrated specifically for overseas creditors pursuing commercial debts from Spanish companies.
The Spanish Commercial Payment Landscape
Ley 15/2010 mandates 30-day payment terms for commercial transactions (extendable to 60 days by agreement). In practice, average B2B payment in Spain exceeds 80 days. The gap between statute and practice is structural — not because Spanish law is weak, but because enforcement relies on creditors actively pursuing their rights.
For overseas creditors, this gap creates a specific risk: Spanish debtors routinely pay domestic suppliers before international ones. Domestic suppliers can apply immediate pressure — they're local, they speak the language, they can appear at the debtor's office. International suppliers, relying on emails and phone calls from another country, are easy to deprioritise. A Spain-based collection agency reverses this dynamic by giving the international creditor local presence and enforcement capability.
Phase 1: Prevention and Credit Management
Credit assessment. Before extending terms to a Spanish company, check the Registro Mercantil for filed accounts, ASNEF and RAI debtor registries for defaults, and obtain a commercial credit report. Cost: €20–€100. Detailed credit management guidance here.
Contract terms. Written payment terms with interest provisions referencing Ley 15/2010, retention of title clauses (reserva de dominio), milestone payment structures for large contracts, and jurisdiction clauses specifying Spanish courts. These provisions aren't just contractual formalities — they're the foundation of every enforcement action.
Payment monitoring. Track patterns and flag deviations. Payment extending beyond agreed terms by more than 15 days warrants a proactive conversation. Consistent late payment with no improvement warrants external assessment.
Phase 2: Amicable Collection
The amicable phase resolves 70–85% of commercially viable debts referred within 90 days of default. The process:
Debtor profiling (days 1–3). Financial health assessment through registry checks, credit reports, and market intelligence. Determines whether the debt is collectible and informs the collection strategy.
Initial contact (days 3–7). Phone calls and formal written demand. The communication establishes professional management of the case and sets a clear payment deadline. In Spanish, referencing specific legal provisions, from an agent based in Spain.
Escalating pressure (days 7–60). Additional phone calls, field visits to the debtor's premises (particularly effective in Spain), formal demands via burofax, and structured negotiation. The goal is to move the debtor from ignoring the debt to engaging with the agency.
Structured settlement (if appropriate). For debtors facing genuine cash flow constraints, a documented payment plan with specific dates, interest provisions, and default clauses often produces full recovery where a demand for immediate full payment produces nothing.
Phase 3: Pre-Legal Escalation
A formal demand from a Spanish attorney, sent via burofax, referencing the specific court procedure that will be initiated if payment isn't made. Cost: €300–€800. This step resolves a significant additional proportion of debts that resisted amicable collection. The attorney's letterhead signals committed legal resources. Legal support options detailed here.
Phase 4: Legal Proceedings
Monitorio payment order. For documented, undisputed debts. Filed with the Juzgado in the debtor's jurisdiction. Court issues a payment order within 5–10 days; debtor must pay within 20 days or contest. Uncontested claims produce enforceable judgments in 30–45 days. Full monitorio process here.
Juicio ordinario / verbal. For contested debts. Full adversarial proceedings with evidence exchange, hearings, and judicial decision. Timeline: 6–18 months. Costs: €3,000–€15,000. Reserved for debts where the debtor has raised substantive objections.
Phase 5: Enforcement
Bank account garnishment, asset seizure, receivables seizure, and property charges. Executed through Spanish courts by your agency's legal team. Effectiveness depends on identifying the debtor's assets — local investigative capability is essential.
FAQ
How much does commercial debt recovery in Spain cost?
Amicable phase: 5–15% of recovered funds on no-win, no-fee terms. Pre-legal attorney demand: €300–€800. Monitorio filing: €1,000–€5,000. Full civil proceedings: €3,000–€15,000. Detailed cost breakdown here.
How long does the process take?
Amicable resolution: 30–90 days. Amicable + monitorio: 60–120 days. Full contested litigation: 8–24 months. The majority of commercially viable debts resolve in the amicable phase, which is why early engagement produces the best outcomes.
Alan Perez
💥 World citizen / 🛵 Tourist, Senior Debt Collection Manager, Business Debt Claims Expert
