A debtor who insists they have nothing tends not to mention that, once enforcement begins, the court can order them to declare their assets and rights in writing, and fine them repeatedly if they fail to answer properly. Nor do they mention that hiding assets in that declaration, or not filing it when required, is a criminal offence if it delays or prevents payment, punishable under article 258 of the Spanish Criminal Code with three months to a year in prison or a fine.
At Perseus & RC Abogados we enforce judgments, orders for payment and settlement agreements that have not been honoured. The work is led by Ana María Reza Cortiñas, managing partner of the civil department and registered with the A Coruña Bar Association under number 6064, and Luis Jurado Cano, registered under number 6317. If you do not yet have a decision that allows attachment, start with our debt recovery or order for payment pages.
What you need to apply for attachment
You need an enforceable title, which in practice is a judgment ordering payment, the decision closing an order for payment the debtor neither paid nor opposed, a settlement approved by the court or an enforceable notarial deed, such as those used for some loans. With it you apply for enforcement, and Spanish law does not require the prior settlement attempt it demands for new claims. If your title is a judgment, you have five years from the date it became final. At this stage the debtor can no longer dispute the debt, only show documentary proof of payment, argue that the right to enforce has lapsed or produce an agreement in a public document to avoid enforcement, and even then the objection does not halt the attachment.
What the court traces and what we add
If we do not know of enough assets, we ask the court to require the debtor to declare them, with any charges and, for property, who occupies it. If the debtor does not answer, the court can impose recurring fines, and the order itself warns them of possible serious disobedience. At the same time we ask the court to contact banks, public bodies and registries for information on what is in the debtor’s name. Much of that search is electronic and reaches bank accounts, tax and social security data, vehicles and property.
We add what the court cannot see from its screen, such as the customers a self-employed debtor invoices, since money owed to the debtor can also be attached, the vehicle they work with, their shares in a company or their share in an undivided inheritance. A debtor who lives in a house or drives a car registered to a partner or a company without justifying their right to use it has filed an incomplete declaration. And a debtor who sold or transferred assets to avoid paying may have committed the offence of concealing assets from creditors, punishable with one to four years in prison.
What is attached first, and how much of a salary
Unless the parties agree otherwise, the court attaches what is easiest to sell and least burdensome for the debtor, and where that cannot be applied it follows a legal order that starts with cash and bank accounts, continues with short-term receivables, puts property seventh and wages and pensions eighth. Salary up to the Spanish minimum wage is never attached, and above it, calculated on the net amount after tax and social security, attachment works in bands.
| Part of the net salary | Percentage attached |
|---|---|
| Up to the minimum wage | Nothing |
| From one to two times the minimum wage | 30 % |
| From two to three times | 50 % |
| From three to four times | 60 % |
| From four to five times | 75 % |
| Above five times | 90 % |
Several salaries or pensions are added together, as are spouses’ salaries unless they are married under separation of property. The same limits apply to self-employed income, and the amount withheld each month can be paid straight into the creditor’s account if the court so orders.
If nothing turns up today
Enforcement does not close because the debtor has no assets today. It only ends once the creditor has recovered the principal, interest and costs in full, so we keep it open and ask for fresh searches when there is reason to, such as a new job or an inheritance. See also collecting a debt from a debtor who claims to have nothing.
Where we are
Rúa Torreiro 13, 3.º C, 15001 A Coruña, Spain. Phone +34 677 841 007. Bring the judgment or order for payment decision, anything the debtor has already paid and everything you know about them, where they work, what car they drive or which bank they use. Video calls in English are available.
Frequently asked questions
How much of my debtor's salary can be attached in Spain?
Nothing from the part that does not exceed the Spanish minimum wage. Above that, attachment works in bands, 30 % up to twice the minimum wage and rising percentages after that, up to 90 % of anything above five times the minimum wage. If the debtor has family responsibilities, the court can reduce those percentages by 10 to 15 %.
My debtor's car and home are in their partner's name. Is there anything I can do?
Quite a lot. If the debtor uses those assets without justifying their right to do so, the law treats their declaration of assets as incomplete, which can be a criminal offence. If they transferred assets to someone else to avoid paying, that may be the offence of concealing assets from creditors. The first step is to find out when the assets were put in the partner's name.
I already have a judgment. How long do I have to enforce it?
Five years from the date the judgment became final. After that the right to enforce it lapses, so do not leave it in a drawer even if the debtor promises to pay.
Who pays the costs of the attachment?
The debtor, as a general rule. Enforcement costs are borne by the debtor without the judge having to say so, except for steps requested by someone else, although in the meantime the creditor advances the expenses as they arise and recovers them at the end from what is collected.