When to Hire a Collection Agency for Spanish Debts (And What to Expect)

Your solicitor sent a letter. It was well-drafted, legally precise, and arrived in Spain with roughly the same impact as a leaflet. The Spanish debtor acknowledged receipt — or maybe they didn't — and continued not paying.

This is usually the moment when a business owner or CFO starts searching for "hire a collection agency." The search itself signals a shift in thinking: you've moved from "we can handle this internally" to "we need someone who can actually make something happen in Spain." That's the right instinct. Here's what the process actually involves.

Why a Collection Agency Succeeds Where Your Solicitor Didn't

A domestic solicitor — even an excellent one — has three fundamental limitations when collecting from a Spanish debtor. They can't appear at the debtor's premises. They can't file a monitorio payment order in a Spanish court. And they can't conduct a conversation in Spanish about the specific legal consequences of continued non-payment under Spanish law.

A collection agency based in Spain can do all three. The distinction isn't about legal sophistication — it's about operational capability. Your solicitor sent a letter. A Spanish agent makes a phone call, conducts a field visit, and if necessary, prepares a court filing. The debtor recognises the difference immediately.

When to Make the Call

There's no perfect moment, but there are clear signals that professional collection is overdue:

The debt is more than 60 days past due and the debtor has stopped responding. The debtor is making promises but not payments. You've sent multiple written demands with no result. The debtor has raised a dispute you suspect is tactical rather than genuine. You've realised that your domestic legal options have no enforcement mechanism in Spain.

The general threshold: if you've been chasing for 60–90 days without meaningful progress, every additional week of internal effort reduces your recovery probability without improving your position. Professional agencies consistently recover more from debts referred at 60–90 days than from debts referred at 180+ days.

What to Expect: The Process

Initial assessment (days 1–3). The agency reviews your documentation — contract, invoices, delivery confirmations, correspondence. They assess the debtor's profile, check commercial registries, and evaluate the case's viability. A good agency will be honest at this stage: if the debtor is insolvent or the documentation is insufficient, they'll tell you rather than accepting a case they can't win.

Amicable collection (days 3–90). Direct contact with the debtor — phone calls, formal demands, and if warranted, a visit to the debtor's premises. This phase resolves the majority of commercially viable cases. The debtor's behaviour changes when a local professional replaces distant emails with in-person pressure and specific legal references.

Legal escalation (if needed). For debts that don't resolve amicably, the agency's legal team prepares the case for court proceedings — typically the monitorio payment order for documented commercial debts. This stage involves additional costs (attorney fees, court costs), which most agencies can estimate accurately before you commit.

What It Costs

Reputable commercial collection agencies work on no-win, no-fee terms during the amicable phase. Commission rates typically range from 5–15% of the recovered amount, depending on the debt's size, age, and complexity. Younger debts cost less to collect; older ones cost more because they require more effort. Legal proceedings, if needed, involve separate costs — typically €300–€1,500 for a monitorio filing, plus attorney fees.

FAQ

Can I hire a collection agency if the debt is disputed?

Yes, though the approach changes. Disputed debts require more legal analysis before escalation. A competent agency will assess whether the dispute is genuine or tactical, and adjust the strategy accordingly. Many "disputes" evaporate once the debtor realises a professional is evaluating the claim.

What documentation do I need to provide?

At minimum: the contract or purchase order, invoices, proof of delivery or service completion, and all correspondence with the debtor. The more complete your documentation, the faster and more effectively the agency can work. Missing documentation doesn't necessarily prevent collection, but it weakens the position at every stage.