Under article 1911 of the Spanish Civil Code, a debtor is liable for their debts with all their assets, both present and future. The question that decides a claim is who that debtor actually is, because when the buyer was a company it is in principle the company that answers and not its director, and when someone signed as guarantor, that person may end up paying before anyone else.
At Perseus & RC Abogados we recover debts for companies, the self-employed, owners’ associations and private individuals in A Coruña and the rest of Galicia, including many clients who live in Spain but do not speak Spanish as their first language. The claims are handled by Ana María Reza Cortiñas, registered with the A Coruña Bar Association under number 6064 and managing partner of the firm’s civil department, and Luis Jurado Cano, registered under number 6317. Before doing anything else we establish who has to be claimed against, which documents prove the debt and whether the debtor has anything that can be attached.
Who can be claimed against
An individual debtor is liable with everything they own, including what they receive after the judgment, such as a new salary or an inheritance. If the debtor has died, the debt passes to the heirs. Heirs who accept the estate outright are also liable with their own assets, while those who accept with benefit of inventory are liable only up to the value of what they inherit, as we explain in inheriting debts in Spain.
If the debtor is a limited company, you claim against the company. Its director becomes personally liable in specific cases, and the most common one in unpaid debts is this. When the company’s losses leave its net assets below half its share capital, or it has been inactive for over a year, the director has two months to call a shareholders’ meeting to wind it up or restore its position, or to file for insolvency. If they fail to do so, they are jointly liable with the company for later debts, and the law presumes the debt being claimed is a later one unless they prove otherwise. That is why, when a company has simply shut its doors, we review the accounts it filed at the Companies Registry before treating the debt as lost.
If there is a guarantor, the wording of the guarantee matters. A guarantor who signed as jointly and severally liable, or who waived the right to have the debtor pursued first, can be claimed against directly for the full amount.
The settlement attempt before going to court
Since 3 April 2025, Spanish Organic Law 1/2025 requires anyone bringing a civil claim to first attempt a settlement through one of the methods it recognises, known in Spain as MASC, and a claim that cannot prove that attempt is not admitted. In debt recovery it applies to the order for payment procedure and to ordinary court claims. It is not required to enforce a judgment or another document that already allows attachment, for the bill-of-exchange procedure used for promissory notes, cheques and bills of exchange, or to request interim measures before the claim.
The court looks at the evidence. Unless there is a document signed by both parties, you must prove that the debtor received the invitation or proposal, on what date and that they could read all of it. We therefore send it by a method that certifies delivery and content, usually a burofax to the debtor’s address or a certified email to an address the parties already used with each other. If there is no meeting or written reply within thirty calendar days of receipt, the attempt is deemed to have ended, and the claim must then be filed within one year. The invitation also interrupts the limitation period, and if the debtor ignores it without good reason and later concedes the claim, they will normally be ordered to pay the costs. If an agreement is reached, it is worth having it executed before a notary, because a notarised agreement can be enforced directly if the debtor breaks it.
Order for payment, bill of exchange or full claim
When the debt is documented, whether by a contract, invoices with delivery notes, an acknowledgement of debt or messages in which the debtor admits what they owe, the usual route is the order for payment procedure (procedimiento monitorio). The court requires the debtor to pay within twenty days or explain why they do not owe the money, and if they do neither, the case moves straight to attachment. It works for any amount and is explained on our order for payment page.
If you were paid with a promissory note, cheque or bill of exchange that bounced, the bill-of-exchange procedure (juicio cambiario) is faster. If the document is in order, the judge requires payment within ten days and at the same time orders the precautionary attachment of the debtor’s assets for the amount of the document plus interest and costs.
When the documents are not enough or the debtor disputes the substance, a full claim is needed. Up to 15,000 euros it is heard as a verbal trial and above that as an ordinary trial. Unpaid rent follows its own rules and often goes hand in hand with recovering the property, which we cover under civil law.
Attachment once you have a court decision
A judgment, the court decision closing an unopposed order for payment or an agreement approved by the court allows you to ask for the debtor’s assets to be attached. At that stage what counts is knowing what the debtor has. The court orders the debtor to declare their assets, checks with banks and public registries and attaches assets in a set order, starting with money and bank accounts. Enforcement does not end until the creditor has recovered the principal, interest and costs, so if nothing turns up today the case stays open and can be revived when income or assets appear. See our attachment of assets page and collecting from a debtor who claims to have nothing.
Who handles your claim
Debt claims are handled jointly by Ana María Reza Cortiñas, managing partner of the civil department, and Luis Jurado Cano. When a debt is recorded in emails, WhatsApp messages or contracts signed online, how that evidence is brought before the court matters as much as what it says, as we explain in why electronic evidence decides cases. If the non-payment was a deception from the start, it may be fraud and the route changes, as set out in loans, partners and business deals. Since 2015 the firm has opened more than 5,000 cases.
Where we are
Rúa Torreiro 13, 3.º C, 15001 A Coruña, Spain. Phone +34 677 841 007. If you live elsewhere or the debtor is in another province, we can meet by video call, in English, with the documents to hand. For the first conversation, have the contract or invoices, any messages in which the debtor acknowledges the debt, the debtor’s details and address, and the dates on which you have claimed.
Related reading
- The Spanish order for payment procedure, step by step
- Collecting a debt in Spain from a debtor who claims to have nothing
- Inheriting debts in Spain
- Closing your business in Spain at retirement without dragging in your personal assets
- Electronic signatures in Spain, are they valid?
Frequently asked questions
Do I have to try to negotiate with the debtor before going to court in Spain?
Yes, for the order for payment procedure and for ordinary court claims. Since April 2025 you must prove that a settlement was attempted, and it is enough to show that the debtor received your proposal, on what date and that they could read it in full. It is not needed to enforce a judgment or to claim a bounced promissory note, cheque or bill of exchange through the fast bill-of-exchange procedure.
The company that owes me has closed down. Can I claim against the director?
In some cases, yes. If the company had losses that left its net assets below half its share capital, or had been inactive for more than a year, and the director did not move to wind it up or file for insolvency within two months, the director is personally liable for debts incurred afterwards. The law presumes your debt is one of them unless the director proves otherwise. We check the accounts the company filed at the Companies Registry to see when that situation began.
Someone guaranteed the loan. Can I claim directly from the guarantor?
It depends on what they signed. If they undertook joint and several liability with the debtor or waived the right to have the debtor's assets pursued first, you can claim the full amount from them straight away. Otherwise they can be sued together with the debtor, but the debtor's assets must be exhausted before the guarantor pays.
How long do I have to claim a debt in Spain?
As a general rule five years from the date payment was due, and three years in cases such as professional fees or goods sold by a trader to a private buyer. The clock restarts each time you claim in a way that leaves a record, each time the debtor acknowledges the debt and when you formally invite them to negotiate. Keep proof of every step with its date.
Can I also recover interest and collection costs?
Yes. Between businesses, the late payment interest set by the Spanish late payment law applies unless the contract fixes another rate, and 40 euros for collection costs are added to the debt automatically, plus any documented costs above that figure. Between private individuals, you recover the agreed interest or, failing that, statutory interest from the date you claim. Court costs are normally paid by the losing party.
My documents and messages are in English. Is that a problem?
No. Contracts, invoices, emails and messages in English can be used as evidence, as long as a Spanish translation goes with them. A private translation is enough, and an official one is only needed if the other side challenges it. What matters is that the documents show who owes what and why, so bring everything you have, including the original message files rather than just screenshots.