The statute of limitations is the deadline nobody thinks about until it's too late. In Spain, the clock starts running the moment your payment becomes due, and it doesn't stop unless you take specific, documented actions to interrupt it. Once the limitation period expires, the debt becomes legally unenforceable — the debtor still owes you the money, but you've lost the right to force payment through Spanish courts.
Understanding these deadlines, and acting before they expire, is one of the simplest ways to protect your commercial interests in Spain.
Limitation Periods for Spanish Commercial Debts
General commercial claims: 5 years. Under Art. 1964 of the Código Civil (as amended by Ley 42/2015), the limitation period for personal actions (including commercial debt claims) is 5 years from the date the obligation becomes enforceable. For a standard commercial invoice with 30-day payment terms, the clock starts on day 31.
This is the period most relevant to overseas creditors with unpaid B2B invoices from Spanish companies. You have 5 years to initiate court proceedings from the date each invoice becomes overdue.
Claims based on bills of exchange and promissory notes: 3 years. Under Art. 88 of the Ley Cambiaria y del Cheque, actions based on letras de cambio (bills of exchange) have a 3-year limitation from the maturity date. Promissory notes (pagarés) follow the same timeline.
Claims based on cheques: 6 months. Under Art. 157 of the Ley Cambiaria y del Cheque, actions based on unpaid cheques have a much shorter 6-month limitation from the end of the presentment period.
Insurance-related claims: 2 years. Claims related to insurance contracts, including trade credit insurance disputes, have a 2-year limitation.
How Interruption Works
The limitation period can be interrupted, which restarts the clock entirely from zero. This is the single most important tactical tool available to creditors who need more time.
Three actions interrupt the limitation period under Spanish law:
Filing a court claim. Initiating legal proceedings (monitorio, juicio ordinario, etc.) interrupts the limitation period. This is the most definitive interruption but also the most expensive — reserved for debts where you're ready to proceed with litigation.
Formal extrajudicial demand. A documented demand for payment, sent via burofax (Spain's certified mail with legal proof of delivery and content). This is the cost-effective interruption tool: a single burofax demand restarts the 5-year clock at a cost of €20–€50. Your collection agency or attorney handles this routinely.
Debtor acknowledgment. Any act by the debtor that acknowledges the debt's existence: partial payment, written acknowledgment, request for extended payment terms, or any communication that implicitly confirms the obligation. Even a debtor email saying "we'll pay next month" restarts the clock.
Key point: interruption restarts the full limitation period from the date of interruption. A burofax demand sent in year 4 gives you another 5 years from the date of that demand.
Strategic Implications for Overseas Creditors
Act before year 4. If a debt is approaching its limitation deadline and you haven't resolved it, send a burofax demand (through your Spanish agent or attorney) to restart the clock. This preserves your legal options while you evaluate whether further collection investment is warranted.
Document everything. An undocumented phone call doesn't interrupt the limitation period. A burofax does. An email might (if delivery can be proven), but burofax provides legally unambiguous proof. For limitation interruption purposes, always use documented communication.
Don't assume old debts are unenforceable. A 3-year-old debt with no collection activity may still be enforceable — you have 2 years remaining. A 4.5-year-old debt needs immediate action to interrupt before expiry. Even debts approaching year 5 can be saved with a timely burofax demand.
Check for prior interruption. If the debtor made a partial payment 2 years ago, the clock restarted at that point — giving you another 5 years from the partial payment date. Review the payment history for any acts that may have interrupted the period.
What Happens When the Limitation Expires
The debt doesn't disappear. The debtor still owes you the money. But you lose the right to enforce payment through Spanish courts. If you file a claim on a time-barred debt, the debtor can raise the limitation as a defence (excepción de prescripción), and the court will dismiss your claim.
Importantly, the debtor must actively raise the defence. Spanish courts don't apply the limitation period ex officio — if the debtor fails to raise it, the court won't do so on their behalf. But any competent debtor (or their lawyer) will raise it if applicable.
FAQ
Does the limitation period apply to foreign creditors?
Yes. The limitation period under Spanish law applies regardless of the creditor's nationality. A US, UK, or German company is subject to the same 5-year limitation as a Spanish creditor. The clock runs from the date the payment obligation became enforceable under the contract terms.
Can I interrupt the limitation from my home country?
Technically, a documented demand sent from abroad may qualify as an extrajudicial demand. However, proving delivery and content from abroad is more difficult than using the Spanish burofax system. For reliable limitation interruption, use a Spanish attorney or collection agency to send the demand via burofax from within Spain.
lnterStation BPO
The Most Combative Debt Collection Agency. Collecting worldwide early, disputed and undisputed cross-border accounts since 1998. If you need assistance dealing with past-due accounts in as quick and efficient a manner as possible, we can provide the solutions to meet your needs.
