The Spanish Payment Order Procedure (Proceso Monitorio)

The Spanish payment order procedure, regulated in Articles 812 to 818 of the Civil Procedure Act (LEC), is a streamlined route for recovering monetary debts that are due, payable and supported by documentary evidence such as invoices, contracts, delivery notes or written acknowledgements of debt. There is no maximum claim amount. The application is filed before the competent Court of First Instance; once admitted, the debtor is required to pay or to file a reasoned objection within twenty working days (días hábiles). If no objection is filed, the creditor may move directly to enforcement, including the attachment of bank accounts and other assets.

Since 3 April 2025, under Article 5 of Organic Law 1/2025 and Article 403.2 LEC, a prior attempt at an adequate means of dispute resolution (MASC) is, as a general rule, a condition of admissibility for the national payment order, although case law on its precise scope is still settling (the European order for payment is excepted). Where the debtor has ceased communications and raises no genuine dispute, the procedure is frequently the most direct way to obtain an enforceable title in Spain.

We assess the documentary basis of the claim, address the prior MASC requirement, and file and follow the payment order before the competent Spanish court.