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Debt collection in Spain

debt collection in Madrid Spain oddcoll

Expert debt collection in Spain, conducted locally

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Debt collection conducted locally in Spain
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All cases were treated with so much dedication and profesionalism.

We are updated all the time about the progress of each and the % of success is very positive as well.

No doubt that we will collaborate again with Oddcoll. We highly recommend their services.

Sotiria Theodorou |
Valencia, Spain
Rated 9,3 out of 10 based on 111 reviews on Kiyoh!

Professional debt collection in Spain

Are you struggling to get paid by a Spanish customer? Oddcoll makes debt collection in Spain simple and efficient. Through our platform, a local Spanish law firm can start recovering your unpaid invoices immediately.

Read on to learn how our proven process works.

Our approach to international debt collection

Recovering debts from foreign clients can be a complex and time-consuming process. Oddcoll simplifies international debt recovery by partnering with the world’s top debt collection agencies and law firms.

In Spain, we collaborate with an experienced local law firm that specializes in assisting international creditors in collecting debts from Spanish companies quickly and legally.

Our local experts handle:

  • B2B and B2C debt recovery
  • Amicable and judicial collection
  • Enforcement and asset seizure, if necessary

Our local debt collection agency in Spain

Spanish businesses are known for slower B2B payments compared to other European countries. That’s why working with a Spanish debt collection agency is crucial when invoices go unpaid.

In Spain, Oddcoll partners with Cobro Ágil, a reputable law firm based in Madrid. As soon as you submit your case through our international debt collection platform, Cobro Ágil begins the recovery process.

About Cobro Ágil

Cobro Ágil is part of Alter Lex Abogados y Asesores, S.L., a Madrid-based law firm specializing in debt recovery. Their team of qualified professionals handles all aspects of claim management efficiently and professionally.

Amicable debt collection in Spain

Cobro Ágil manages every phase of amicable debt collection in Spain, including:

  1. Initial analysis: Evaluating the debtor’s situation and solvency.
  2. Contact attempts: Reaching out by phone and sending written payment requests signed by lawyers.
  3. Negotiation: Offering payment plans or debt acknowledgment agreements where appropriate.

If the debtor fails to respond, the case moves to the judicial phase.

Taking a debt collection case to court in Spain

When amicable recovery fails, judicial debt collection in Spain begins. In Spain, civil lawsuits must be filed with the court of first instance where the debtor resides. For companies, the case can also be filed in the area where the contract was fulfilled or where the debtor operates. Creditors can choose the most suitable option.

Requirements for legal action:

  • A procurador (court representative) and a lawyer are generally required.
  • Exceptions apply for claims under €2,000 or when using the order for payment process.
  • Spanish is the official language used in court proceedings, although regional languages such as Catalan in Barcelona may also be accepted, depending on the location of the court.

Legal costs:

  • Individuals do not pay court fees.
  • Companies must pay a fee to take civil action.
  • In all proceedings, Cobro Ágil requests that costs be awarded to the debtor—potentially adding up to 30% more to the total claim.

The order for the payment process in Spain

One of the most effective legal tools for judicial debt collection in Spain is the order for payment procedure (“proceso monitorio”). This process was designed to expedite and simplify the recovery of uncontested debts. It’s ideal for creditors seeking a streamlined way to collect payment from Spanish debtors without undergoing a full court trial.

How it works

When a Spanish debt collection agency such as Cobro Ágil files an order for payment, the court initially does not assess whether the claim is accurate. Instead, the process relies on the debtor’s response:

  • If the debtor pays, the case is closed, and the creditor receives payment.
  • If the debtor objects, the case moves to the ordinary civil procedure, where the court examines the dispute in detail.
  • If the debtor does nothing, the court issues an enforcement order, confirming the validity of the claim and allowing the creditor to seize the debtor’s assets.

This fast-track procedure helps creditors avoid lengthy legal battles, particularly in cases that are clear and undisputed.

Key details of the process

  • A power of attorney is required.
  • The process involves court fees and procurator’s fees.
  • Lawyer’s fees are covered by Cobro Ágil.
  • If the debt exceeds €6,000, the case proceeds under the standard civil procedure.

Who can use the order for payment process in Spain?

There is no limit on the amount of the claim; the order for payment can be used for debts of any size. However, it is optional, meaning a creditor can choose to pursue the ordinary civil procedure instead if preferred.

The competent court for the order for payment is the same as for ordinary debt collection proceedings in Spain, generally, the court where the debtor resides. This applies nationwide, regardless of whether the debtor is based in Madrid, Barcelona, or elsewhere in Spain.

What to include in an order for payment application

To file an order for payment in Spain, the creditor must include:

  • Full details of the debtor and the creditor
  • The amount claimed
  • A brief explanation of how the debt arose

These documents allow the Spanish court to confirm the existence of the claim and begin the enforcement process if the debtor fails to contest it.

For straightforward cases, the order for payment process offers a fast, efficient, and legally sound way to recover unpaid debts. With the support of a professional debt collection agency in Spain, such as Cobro Ágil, international creditors can take advantage of this process to secure payment quickly and avoid unnecessary complications.

Application for enforcement in a Spanish debt collection case

Once a creditor has obtained an enforcement order in Spain, the next step in judicial debt collection in Spain is to apply for enforcement. This allows the Spanish authorities to take legal action to transfer the debtor’s assets to the creditor.

The goal of this step is to ensure that payment is finally made through the intervention of the courts, if necessary. However, Spanish authorities cannot seize or liquidate assets without proper legal justification. That’s why an enforcement order confirming the existence of a valid debt is required.

What qualifies as an enforcement order?

In most cases of debt collection in Spain, an enforcement order comes from:

  • A judgment issued during ordinary court proceedings, or
  • A court decision from the order for payment process (proceso monitorio).

Once a creditor has one of these judgments, they can apply for enforcement to the same court that issued the ruling, typically the court of first instance in the area where the debtor is based.

This means that for cases handled through our debt collection agency in Madrid, enforcement is managed locally by the corresponding Spanish court.

Insolvency proceedings in Spain

In some cases, a Spanish debtor may be unable to pay their debts due to insolvency. When this happens, the situation enters the insolvency proceedings stage — a specialized branch of debt collection in Spain.

These proceedings are handled by Spanish courts, which appoint liquidators (administrators) to manage the debtor’s estate. The liquidator’s role includes:

  • Overseeing the debtor’s remaining assets
  • Listing all creditors and outstanding debts
  • Ensuring assets are distributed fairly among all creditors

The goal is to maximize recovery and ensure equal treatment for all parties based on the available assets.

Start your debt collection in Spain today!

Do you want to get started with recovering your Spanish case right away? When you need help with debt collection in Spain, Oddcoll can help.

Contact us if you have any questions, or simply start a case, and our Spanish law firm will begin the collection process in Spain.

Frequently asked questions about debt collection in Spain

Debt collection in Spain usually starts with an amicable recovery phase. The creditor sends a formal payment demand, often by burofax, a certified communication that provides proof of its content, dispatch and receipt. This is followed by telephone calls, emails and negotiations with the debtor.

If the debt remains unpaid, a documented claim may proceed to the proceso monitorio, Spain’s payment order procedure. If the debtor disputes the claim, the case can move to ordinary court proceedings.

Oddcoll works with a selected local debt collection partner in Spain who handles the amicable recovery process in Spanish. That’s because local knowledge of Spanish business practices and collection procedures can help resolve debts without the need for court action.

The time needed to recover a debt in Spain depends on the debtor and whether the claim is disputed. The amicable collection phase can take up to 90 days, although a well-prepared payment demand followed by direct contact can result in payment within weeks.

If court action is necessary, an uncontested proceso monitorio can generally be faster than disputed litigation. Court workload and the debtor’s response can affect the overall timeframe, so there is no fixed deadline for completing a case.

This is one reason why early action and professional follow-up can be important when collecting overdue invoices in Spain.

Oddcoll uses a no win, no fee model for the amicable collection phase. This means that a commission is charged only when money is successfully recovered.

If legal action becomes necessary, Oddcoll can recommend the appropriate next step and provide information about the expected costs before proceedings are started.

For eligible claims, a proceso monitorio can be started without a lawyer or court representative, which can help keep the initial cost of pursuing an unpaid invoice relatively low.

The general limitation period for personal actions in Spain is five years under Article 1964.2 of the Civil Code. However, some types of claims have different limitation periods. For example, claims relating to the price of goods sold are generally subject to a three-year period under Article 1967.

Catalonia has its own civil law rules and can therefore apply different limitation periods.

A formal extrajudicial demand, such as a properly documented burofax, can interrupt the limitation period and cause a new period to begin. Creditors should therefore act promptly and keep evidence of all payment demands and other collection activity.

A burofax is a certified form of communication commonly used in Spain when proof of the message, its delivery and its content is important. It’s frequently used to make formal payment demands to debtors.

A properly documented burofax can provide evidence if the matter later reaches court and can interrupt the limitation period for a claim where the legal requirements are met.

For these reasons, a burofax is often an important early step when pursuing an overdue Spanish invoice.

The proceso monitorio is Spain’s payment order procedure for recovering documented debts. There is no general upper limit on the amount that can be claimed through this procedure.

To initiate the process, the creditor must submit a petition with documents supporting the debt. The court then gives the debtor 20 working days to pay or oppose the claim.

If the debtor pays, the case ends. If the debtor doesn’t respond, the creditor can request enforcement of the debt. However, if the debtor opposes the claim, the case can move to the appropriate court procedure.

The proceso monitorio can be particularly useful for creditors pursuing clear and well-documented unpaid B2B invoices.

If the debtor formally opposes the proceso monitorio, it’s not the end of the case. Depending on the amount and circumstances of the claim, it can move into declarative court proceedings, where the parties present their arguments and evidence.

For claims up to 15,000 euros, the case generally follows verbal proceedings. Claims above 15,000 euros generally follow ordinary proceedings.

Legal representation requirements also depend on the amount and type of proceedings. For claims above 2,000 euros, a lawyer and procurador, a court representative who handles procedural formalities, are generally required.

Before recommending litigation, Oddcoll can assess the available evidence and the debtor’s situation so that the creditor can make an informed decision about whether further action is worthwhile.

Yes. For eligible B2B transactions, Spanish law provides for statutory late payment interest when an invoice is paid after its due date. Under the applicable late payment rules, the statutory rate is based on the European Central Bank reference rate plus eight percentage points.

Creditors can also generally claim a fixed 40-euro recovery fee for each late payment, as well as additional reasonable recovery costs where the legal requirements are met.

Spanish law also places limits on payment terms in commercial transactions. In general, B2B payment periods cannot exceed 60 days where the statutory conditions apply.

An unpaid invoice is normally enough to begin the amicable collection process. Providing additional documents can make it easier to establish the debt and pursue it if legal action later becomes necessary.

Useful documents include the contract or purchase order, unpaid invoices, delivery notes (albaranes), proof of delivery and relevant emails or other correspondence with the debtor.

For a proceso monitorio, the creditor must provide documents supporting the existence and amount of the debt. The more clearly the documents establish the commercial relationship and outstanding balance, the easier it is to assess the claim.

There is no reliable percentage that can predict whether a particular Spanish debt will be recovered. The outcome depends on factors such as the quality of the evidence, the age of the debt, the debtor’s financial position and whether the debtor disputes the claim.

Professional debt collection can improve the prospects of recovery by contacting the debtor promptly, communicating in Spanish and using the appropriate collection procedure. A formal burofax and the possibility of a proceso monitorio can also provide useful leverage when negotiating payment.

Oddcoll’s local partner assesses each case and focuses first on amicable recovery, helping creditors pursue payment without immediately resorting to court proceedings.

How Debt collection in Spain works

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How debt collection in Spain works

1. Upload your invoice

Create an account and upload your invoice via the platform, API or CSV – easily and in seconds.

2. Local experts take over

Our hand-picked partners in the Spain handle the collection with effective measures, including demand letters, calls and legal steps.

3. Get paid

Once the payment is completed, the money is sent directly to you – quickly, securely and without hassle.

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