If someone in Málaga owes you money — whether a private individual, tenant, or business — and refuses to pay, you’re not powerless. Spain has clear legal procedures for debt recovery, and foreign creditors can take action even from abroad. This guide explains how to recover debts in Málaga through the Spanish court system.
⚠️ 1. Common Debt Disputes Involving Foreigners
Foreign creditors often seek recovery for:
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🧾 Unpaid rental income from Spanish tenants
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💼 Unsettled invoices from Spanish companies
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🏘️ Property reservation deposits not refunded
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🤝 Personal loans between individuals
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📑 Contractual obligations that were never fulfilled
📌 In Málaga, many debtors assume foreign creditors won’t pursue them — especially if they live abroad. This gives you an advantage if you act swiftly.
⚖️ 2. Legal Tools to Recover Debt in Málaga
There are several paths, depending on the situation:
🟢 1. Payment Order Procedure (Proceso Monitorio)
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Quick court process for undisputed debts
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Ideal if you have an invoice, contract, or proof of debt
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No court hearing needed if debtor does not contest
🟠 2. Ordinary Civil Claim
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Used for contested debts or when proof is less clear
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Involves full court proceedings and a judge
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Slower, but more flexible for complex cases
🔴 3. Enforcement of Foreign Judgments
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If you already have a ruling abroad (e.g. UK, EU), it can be enforced in Spain
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Requires exequatur procedure (legal recognition of foreign ruling)
🔍 3. Pre-Litigation Strategy
Before filing in court, it helps to:
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Send a formal demand letter (burofax)
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Give debtor 7–15 days to pay
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Offer settlement or payment plan
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Document all attempts to resolve the issue
📌 A demand letter from a Spanish lawyer often prompts quick payment — especially with the threat of legal action.
🏛️ 4. Court Jurisdiction & Process in Málaga
Debt claims are typically filed in:
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Juzgados de Primera Instancia de Málaga (civil court)
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Claims under €6,000 can use small claims procedure (juicio verbal)
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Claims over €6,000 follow ordinary civil procedure
📌 If your debtor is a business, and the case is commercial, it may fall under Juzgados de lo Mercantil.
❄️ 5. Freezing Assets & Enforcement (Medidas Cautelares)
You can request:
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Temporary freezing of bank accounts or real estate
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Embargo (embargo preventivo) on assets
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Registration block on sale of property
✅ These measures protect your ability to collect after judgment — especially useful if debtor is actively hiding assets.
🧑⚖️ 6. How Foreign Creditors Can File from Abroad
You do not need to be in Spain. With:
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A Spanish lawyer and procurador
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A power of attorney (POA)
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Translations of key documents
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NIE number (if required for enforcement)
📌 Your legal team can represent you fully and pursue the debtor through the Málaga courts without your presence.
👨💼 7. How Borderless Lawyers Can Help
We connect international creditors with:
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Experienced litigation teams in Málaga
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Bilingual lawyers who handle foreign claims daily
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Fast filing of payment orders or lawsuits
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Pre-trial negotiation services and asset checks
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Enforcement of UK, EU, or Latin American judgments
📩 Conclusion & CTA
Don’t let unpaid debts in Málaga go unresolved. Spain offers clear and enforceable paths for foreign creditors to collect what they’re owed — especially with the right legal team.
👉 Need help recovering a debt in Málaga?
Let Borderless Lawyers connect you with experienced litigation professionals who can take fast, decisive legal action on your behalf.