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Spain operates a dual-lawyer system that confuses virtually every foreign creditor encountering it for the first time. Understanding the distinction between abogado and procurador isn't legal trivia — it determines how your case is managed, who handles what, and why you'll see two names on your legal team rather than one.
The abogado is your lawyer in the conventional sense: they provide legal advice, draft pleadings, argue your case in court, and develop litigation strategy. The procurador is a court-appointed representative who handles procedural filings, receives court notifications, and ensures deadlines are met. Both are legally required for claims above €2,000 in Spanish courts.
Think of it this way: the abogado is the strategist; the procurador is the logistics specialist. Neither role is optional. A debt collection case that enters the Spanish court system without both professionals is procedurally invalid.
Not every debt collection case requires legal proceedings. The amicable phase — formal demands, negotiation, payment plan structuring — is handled by licensed collection agencies without court involvement. A lawyer becomes essential when: the debtor formally contests the claim, the case proceeds beyond monitorio into full litigation, you need embargo preventivo (precautionary asset freezing), or the case involves complex contractual disputes.
For straightforward monitorio claims where the debtor doesn't contest, the procurador handles the filing and the abogado's involvement is minimal. The system is designed to be proportionate — simple cases get simple treatment.
A lawyer who specialises in commercial debt recovery in Spain brings specific advantages beyond general legal knowledge. They understand which courts process claims fastest, how to structure burofax demands that maximise the probability of amicable resolution, which enforcement tactics are most effective for different debtor profiles, and how to navigate the specific procedural requirements of the monitorio and juicio ordinario.
For international cases, they also manage certified translations, coordinate with foreign counsel, and understand the practical differences between enforcing an EU Payment Order versus a non-EU judgment through exequatur.
Spanish debt collection lawyers typically charge either a fixed fee per procedural stage or a contingency percentage of the recovered amount. The procurador's fees are regulated by a government-set tariff based on the claim value. Total legal costs for a contested monitorio that proceeds to judgment typically run 15% to 25% of the recovered amount — a cost that successful recovery more than covers.
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