Debt Collection in Spain

Searching for Debt Collection in Spain Service? Customer reviews to help you select from the best, most experienced Lawyers in Spain

How clients rate our Debt Collection Service...

Advocate Abroad seeks client feedback to ensure continued high-quality service provision.
Jose was always very responsive, understood the problem and clearly explained the costs and benefits of possible solutions and took prompt action to resolve the issue. 1st Class and very professional. A great ambassador for your network.
David Smith, Alicante
David Smith
12 Sep 2020

Service Details

Debt Collection

This service is available across Spain

Who Can Benefit from this Service?

  • Anyone with experience running a business will have unfortunately been forced at some point to chase debtors for failing to pay for goods or services supplied, and will need to resort to debt collection in Spain.
  • Or perhaps a loan has been made and never repaid. 
  • Hopefully, a formal legal demand will be sufficient to ensure prompt repayment. If not, other measures can be taken to enforce your rights, around the world.
Who Can Benefit from this Service?

Key Elements of this Service

  • Expedite and facilitate the collection of unpaid debts
  • Improve collection rates and where possible preserve existing business relationships
  • Collection is achieved either through extrajudicial or judicial procedures
  • Ensure a value-for-money service
  • All cases are undertaken with the strictest confidence and the clients are regularly kept up-to-date
Key Elements of this Service

Procedure: Our Approach

Negotiation With Debtors 

Should the need arise, the lawyers on the Advocate Abroad network are experts in carrying out negotiations with debtors and will negotiate on your behalf for the return of the debt and will manage a debt plan with the debtor where you have provided us with full prior authorisation. 

Obtaining all the monies that you are owed is of course the primary objective here, though you may decide that obtaining a percentage or the full amount over a period of time are acceptable alternatives. 


Financial Report Before Going to Court

  • Going to court is a last resort, but one that can be necessary in order to obtain a successful outcome. We should only really consider going ahead when all the information relating to the debtor tells us that this will be a worthwhile strategy.
  • It is possible to obtain valuable information about the financial position of Spanish individuals and companies from a number of important sources. This would include:
  • The commercial register, which contains a host of information about companies such as fixed assets and annual returns;
  • The property register, which holds information on any assets registered in the names of individuals, including sole traders;

The RAI register which contains valuable reports of any previous failure by the company to pay creditors Advocate Abroad can arrange for a report to be drawn-up and a recommendation to be provided – by specialist lawyers – on whether to pursue the debtor in the Courts. 

It is strongly recommended to obtain a financial report before proceeding to take court action. 


Court Process 

If the measures taken extra-judicially fail to recover the debt and the financial report (recommended) suggests that it would be worthwhile to continue pursuing the debtor, the next stage is to bring the matter before the courts. 

This effectively means using the ‘Proceso Monitorio’ which is a special court process specifically set-up for the speedy resolution of outstanding debts which cannot exceed €250,000. 

Upon presentation to the court of the petition together with supporting documentary evidence (contracts, invoices etc) the court will decide whether there is a sufficiently substantial case for the debt to be repaid. 

The debtor is then informed by the court of the petition, and at this stage there are three possible outcomes:

 1. Debtor Agrees To Pay The Debt In 45% of cases brought via the ‘proceso monitorio’ the matter is resolved at this point with the debtor agreeing to pay the creditor the amounts owed. 

2. Debtor Does Not Respond or Appear in Court If the debtor fails to respond to the court action or doesn’t turn-up at the hearing, then the judge may place an embargo on any assets or income of the debtor to force repayment of the amount owed. 39% of cases are resolved in this fashion. 

3. Debtor Opposes Payment of the Debt If within a timeframe of twenty days, the debtor opposes the action and does so in writing, then it becomes necessary for the court to hear arguments from both sides. The debtor will require documentation to support their case. The debtor opposes the debt in this way in 16% of cases.  

Procedure: Our Approach

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
Loading service...

Why choose Advocate Abroad?

Call Us
Email Us
Loading form...

Call us Now

Office hours: 9am - 9pm CET Monday - Friday