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Not every Spanish debtor writes a cheque after the first demand letter. Some contest the debt, dispute the amount, or simply refuse to engage. When that happens, your collection case transitions from negotiation to litigation — and Spain's legal framework has specific procedures for every scenario.
Spanish debt collection disputes begin with documented demand. A burofax sent through Correos (Spain's postal service) creates timestamped, legally admissible proof that the debtor was formally notified. This document becomes Exhibit A in any subsequent court proceeding.
The demand letter should state the exact amount owed, the contractual basis for the debt, a payment deadline (typically 10 to 15 business days), and the consequences of non-payment. In practice, a well-drafted demand from a licensed collection agency resolves many disputes before they escalate — debtors who initially contest often reconsider when they see professional legal machinery activating.
If the debtor ignores the formal demand, the monitorio procedure is filed at the court corresponding to the debtor's registered address. For claims up to €250,000, this is the standard route. The court notifies the debtor, who has exactly 20 days to pay the full amount, propose a payment plan, or file formal opposition.
If the debtor pays or stays silent, you win. The court issues an enforceable order. If the debtor files opposition, the monitorio converts into a standard civil proceeding — juicio verbal for claims up to €6,000, or juicio ordinario for larger amounts.
Contested cases in Spanish courts follow structured procedural stages: written pleadings, a preliminary hearing to establish the issues in dispute, an evidentiary hearing where documents and witnesses are presented, and a judicial decision. Timelines vary by court workload, but contested commercial cases in major cities typically resolve in 8 to 14 months from filing.
Foreign creditors should know that Spanish courts accept documentary evidence in English with certified translation. You don't need to have conducted business in Spanish for your contracts and invoices to hold up in court. What matters is demonstrating that the debt is valid, documented, and unpaid.
Once the court rules in your favour, enforcement proceedings begin. Spanish law provides for bank account seizures, property liens, and business asset embargoes. The debtor's assets can be investigated through court orders that compel disclosure. For overseas creditors, this is often the most satisfying phase — the legal system that seemed slow during litigation becomes remarkably efficient when it's time to seize assets.
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