Iuris Justitia Creditor

Knowledge Base

Permanent guides on Spanish debt collection law

A static, didactic Knowledge Base instead of a news blog. Permanent content, not news: each guide answers, in a self-contained way, a specific question a foreign creditor asks about recovering debt in Spain.

Each guide is a pillar page designed to answer a precise question of the foreign creditor: how Spanish debt collection works, how long it takes, whether travel is required, what documents are needed, whether a home-country judgment can be enforced in Spain. Each is written to be self-contained and citable.

The Spanish order-for-payment procedure (monitorio)

Legal basis in the Civil Procedure Act; who may file; required documents; the twenty-day window; the prior MASC requirement; opposition; enforcement.

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Verbal proceedings (juicio verbal) for claims under €15,000

When this route applies instead of the monitorio; the €15,000 threshold; the hearing; timeline; interaction with the monitorio on opposition.

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Ordinary proceedings for claims above €15,000

When ordinary proceedings apply; structure (claim, defence, preliminary hearing, trial, judgment); when this is the appropriate route.

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The Spanish burofax

What a burofax is; what it proves (content and delivery); interruption of limitation periods; its role in evidencing the prior MASC step.

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Limitation periods for commercial debts in Spanish law

General five-year rule (Article 1964 CC); shorter sector-specific periods such as transport; how limitation is interrupted; why early action matters.

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Alternative Dispute Resolution (MASC) under Organic Law 1/2025

What MASC is; when it is a procedural admissibility requirement; the recognised mechanisms; statutory exceptions; how IJ Creditor evidences the attempt.

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Regulation Brussels I bis (EU 1215/2012)

Jurisdiction and cross-border enforcement of judgments in the EU; abolition of exequatur between Member States; the Article 53 certificate; limited grounds of opposition.

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Exequatur under Law 29/2015

Recognition and enforcement of non-EU judgments in Spain; Law 29/2015; the competent court; the requirements verified; enforcement once recognised.

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Concurso de acreedores

The consolidated Insolvency Act; restructuring and liquidation; communicating claims to the insolvency administrator; recovery prospects for foreign creditors.

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Director liability for company debts in Spain

When directors can be personally liable; the Capital Companies Act; Article 367 liability for failure to dissolve; the individual liability action; culpable insolvency.

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Debtor tracing and asset investigation

How asset investigation works in Spain; public registries; the judicial tools available in enforcement (Articles 589 and 590 LEC); assessing recovery prospects.

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Bank account attachment in Spain

How attachment is processed once an enforceable title is obtained (Article 588 LEC); the requirement of an enforceable title; interaction with other creditors and unattachable amounts.

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Payment terms in Spain (Law 3/2004, as amended)

Statutory payment periods (30/60 days); statutory late-payment interest; the €40 fixed recovery compensation; Law 3/2004 and the EU Late Payment Directive.

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Contractual clauses that help recovery

Jurisdiction and choice-of-law clauses; default interest; retention of title (reserva de dominio); acknowledgements of debt; guarantees; recovery-cost clauses.

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Power of attorney for litigation in Spain

The power of attorney needed to litigate in Spain; the roles of lawyer and court representative; notarisation, apostille and translation requirements.

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These guides provide general information on debt recovery in Spain and do not constitute legal advice. Content updated as of June 2026; recent rules —such as the MASC requirement under Organic Law 1/2025 and procedural thresholds— may change. For advice on a specific case, request a proposal.

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