Unpaid debts are frustrating — especially when you’re outside the country. Whether you’re an expat, foreign investor, or company dealing with Spanish clients or tenants, Spain offers clear legal pathways to recover debt as a foreigner.
Here’s how the debt recovery process works in Spain and what legal tools are available to you.
💳 Who Can Recover Debt in Spain?
Anyone — including non-residents and foreign businesses — can recover debts through Spanish courts.
Common cases include:
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Unpaid rent from Spanish tenants
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Outstanding invoices from Spanish clients
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Personal loans to individuals or businesses
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Breach of contract damages
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Construction or supplier disputes
🧾 Step-by-Step: Debt Recovery Process in Spain
1. Attempt an Amicable Settlement
Always try to resolve the matter outside court:
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Contact the debtor directly
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Send a formal payment demand (burofax or notarial requerimiento)
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Offer a structured payment plan
➡️ This step is often required before litigation.
2. Monitorio Process (Fast-Track for Clear Debts)
Spain offers a simplified court procedure called Juicio Monitorio for debts that are:
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Clearly documented (invoices, contracts, proof of delivery)
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Not contested
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Below €250,000 (usually)
📌 No court hearing required unless the debtor objects.
Process:
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Submit evidence + ID + court form
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If debtor doesn’t reply in 20 days ➝ court issues payment order
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If debtor objects ➝ standard civil litigation begins
3. Ordinary Civil Litigation
If the debt is:
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Disputed
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Based on unclear or verbal agreements
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Over €250,000 or involves complex legal matters
➡️ You’ll need to go through full civil litigation (see Article 1).
🧑⚖️ Can You Enforce Foreign Judgments?
Yes. If a court outside Spain ruled in your favor, you can often enforce that judgment in Spain, especially if:
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It comes from an EU country (automatic recognition under Brussels I bis Regulation)
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It’s from a country with a bilateral treaty with Spain
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You complete an exequatur procedure for others
This lets you seize assets, freeze bank accounts, or garnish wages.
🏦 What Enforcement Tools Exist?
If the debtor still refuses to pay after a court order, you can request:
| Tool | Description |
|---|---|
| Bank account seizure | Court orders Spanish banks to freeze funds |
| Property lien | Place a charge on debtor’s real estate |
| Asset auction | Seize and sell assets through judicial auction |
| Wage garnishment | Deduct from debtor’s salary or pension |
✅ These actions require a final judgment and enforcement order (título ejecutivo).
📑 Required Documents
To start a debt recovery action, you’ll need:
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Valid identification or company certificate
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Power of attorney for your lawyer
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Copies of invoices, contracts, or delivery receipts
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Sworn translations of foreign documents (if applicable)
💰 How Much Does It Cost?
| Item | Estimated Cost |
|---|---|
| Lawyer’s fees | €800–€3,000+ depending on case |
| Court fees | Varies; waived for individuals in many cases |
| Translation | €30–€60/page (sworn translator) |
| Notary fees | €100–€200 (for demand letter or authentication) |
The loser may be ordered to pay costs, including your legal fees.
🌐 Language & Representation
Foreign creditors must appoint a Spanish abogado and a procurador (court liaison) for litigation. All court documents must be in Spanish.
📌 You can grant a power of attorney remotely via a notary in your country.
🤝 How Borderless Lawyers Helps Foreign Creditors
We assist individuals and businesses worldwide in recovering debts in Spain:
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Drafting and sending formal payment demands
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Initiating monitorio or civil claims
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Representing you in court
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Enforcing judgments against Spanish debtors
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Advising on cross-border debt and asset recovery