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Spanish debt collection law isn't a single statute — it's a framework built from civil procedure, commercial regulations, EU directives, and data protection requirements. For overseas creditors, understanding which laws apply to your specific situation prevents costly procedural mistakes and strengthens your position at every stage of recovery.
The Ley de Enjuiciamiento Civil (Civil Procedure Act) governs how debt claims move through Spanish courts, from the monitorio fast-track procedure to full litigation and enforcement. Ley 3/2004 transposes the EU Late Payment Directive, establishing your right to claim interest at the ECB reference rate plus eight percentage points on overdue commercial invoices — a powerful tool that many foreign creditors overlook.
EU Regulation 805/2004 creates the European Enforcement Order for uncontested claims, enabling automatic cross-border enforcement. Regulation 1896/2006 establishes the European Payment Order for cross-border recovery. Together, these instruments give EU-based creditors a streamlined enforcement pathway that bypasses traditional judgment recognition.
Spanish law requires specific documentary evidence to initiate collection proceedings. The minimum: a signed contract or purchase order establishing the commercial relationship, invoices showing amounts owed and payment due dates, proof of delivery or service completion, and records of prior payment demands (ideally sent via burofax).
For the monitorio procedure, the documentation standard is deliberately creditor-friendly. You need to demonstrate a "liquid, due, and payable" debt — essentially showing that the amount is specific, the payment date has passed, and the obligation is documented. Courts don't require exhaustive evidence at the filing stage; the burden shifts to the debtor to contest.
The statute of limitations for commercial debts in Spain is five years (Article 1964, Civil Code). For cheques and promissory notes, it's six months and three years respectively. These are hard deadlines — once expired, your claim becomes legally unenforceable regardless of how well-documented it is.
The clock can be interrupted by formal demand (documented burofax), debtor acknowledgment of the debt, or filing a court claim. Each interruption resets the limitation period to zero. This mechanism is critically important for creditors managing aged receivables.
Spain's LOPDGDD applies GDPR with additional enforcement powers through the Agencia Española de Protección de Datos. Collection agencies must process debtor data lawfully, limit data collection to what's necessary for recovery, and maintain strict confidentiality. Non-compliant data handling can result in significant fines and, more practically, can undermine your collection case if challenged in court.
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