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Commercial debt collection in Spain follows a fundamentally different logic from consumer collection. You're dealing with registered businesses that have identifiable assets, public financial records, and reputational incentives to resolve disputes. For overseas creditors, this is actually good news — B2B recovery rates in Spain consistently exceed B2C rates because the enforcement tools available against commercial entities are stronger and more predictable.
Commercial debts in Spain benefit from Ley 3/2004 (Late Payment Act), which establishes a maximum payment term of 60 days for B2B transactions and grants creditors statutory late payment interest at the ECB reference rate plus eight percentage points. This law, transposing the EU Late Payment Directive, gives you a clear trigger point: any invoice unpaid beyond the agreed terms (or 60 days if no terms are specified) is legally overdue and actionable.
The monitorio procedure handles commercial claims up to €250,000 through a streamlined process that bypasses full litigation. For larger claims, the juicio ordinario provides a comprehensive litigation framework with full evidence presentation and cross-examination.
Commercial collection in Spain operates with fewer restrictions than consumer collection. Data protection rules are less stringent for business entities. Contact restrictions are more relaxed. The debtor's assets are typically more visible through commercial registry filings. And enforcement tools — bank account seizure, business asset embargo, receivables attachment — are more directly applicable to business entities with operating accounts and trade relationships.
The tradeoff: commercial debtors are more likely to contest claims formally, engaging legal counsel to file monitorio opposition or raise procedural challenges. This isn't necessarily a problem — contested cases that proceed to judgment often produce enforceable outcomes when the creditor's documentation is solid.
Commercial debt collection in Spain requires local legal infrastructure, Spanish-language negotiation capability, and court access through licensed procurador and abogado representation. For overseas creditors, this means working with a specialist B2B collection agency — not a consumer-focused operator, and not your company's general counsel in a jurisdiction that isn't Spain.
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