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From Invoice to Payment – Mastering Debt Collection in Spain

The Complete Collection Roadmap

How to collect a debt in Spain

Collecting a debt in Spain from overseas follows a structured, predictable path. The system favours creditors who act early, document thoroughly, and understand when to escalate. Here's the process from overdue invoice to recovered funds.

Step 1: Document and Verify (Day 1–14)

Before initiating collection, verify your documentation is complete: signed contract or purchase order, invoices with amounts and due dates, proof of delivery or service completion, and any prior correspondence about payment. In Spain, the strength of your documentary evidence determines the speed of every subsequent step. Missing documents create delays; complete files create momentum.

Step 2: Formal Demand (Day 15–45)

Send a formal demand via burofax — Spain's certified postal communication that creates legally admissible proof of notification. State the exact amount owed, the contractual basis, and a payment deadline of 10 to 15 business days. This document becomes the foundation of any subsequent legal proceedings and interrupts the five-year statute of limitations.

Step 3: Amicable Negotiation (Day 30–90)

A licensed collection agency initiates structured negotiation: direct debtor contact, proposed payment plans, and escalating formal reminders. Approximately 70% of B2B debts in Spain resolve during this phase. The key is professional persistence — regular, documented contact that demonstrates the creditor's commitment to recovery without crossing ethical or legal lines.

Step 4: Monitorio Filing (Month 3–4)

If amicable efforts fail, the monitorio fast-track payment order is filed at the court nearest the debtor's registered address. Claims up to €250,000 qualify. The debtor has 20 days to pay or contest. If they stay silent, the court issues an enforceable order without a hearing. If they contest, the case converts to standard litigation.

Step 5: Litigation and Judgment (Month 4–14)

Contested cases proceed through juicio verbal (up to €6,000) or juicio ordinario (above €6,000). Written pleadings, evidence hearings, and judicial decision follow. Spanish courts accept English-language documentation with certified translation. Physical presence of the overseas creditor is not required.

Step 6: Enforcement (Month 14–18)

Court judgment triggers ejecución proceedings: bank account seizures, property liens, business asset embargoes, and salary garnishments. Spanish courts can compel asset disclosure under penalty of perjury. This is where your patience pays off — literally.

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