Since 3 April 2025, an order for payment application backed by perfect invoices can come back from the court without ever reaching the debtor, because it lacks proof that the debtor was first invited to negotiate and actually received that invitation. Spanish law requires that attempt for the order for payment procedure (procedimiento monitorio) just as it does for a full claim, and the Provincial Court of A Coruña has already upheld the rejection of an application where the proposal was sent through a channel the parties had never used and the debtor never opened.
At Perseus & RC Abogados we file order for payment applications for companies, the self-employed, owners’ associations and private individuals. They are prepared 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. What applies to any unpaid debt, from who to claim against to limitation periods, is on our debt recovery page.
The invitation to negotiate comes first
The settlement attempt can be a direct negotiation, a proposal between lawyers, mediation or a binding confidential offer. For a debt, it is usually a written proposal inviting the debtor to pay or agree a payment plan. What counts is being able to prove it. Unless there is a document signed by both parties, you must show that the debtor received it, on what date and that they could access its full content, and Spanish provincial courts have been accepting burofax, recorded delivery and certified email where both sending and receipt are on record. We therefore send the proposal by burofax with certified content to the debtor’s address or, if you already corresponded by email, to that same address through a service that certifies delivery.
If there is no written reply or meeting within thirty calendar days of receipt, the attempt is deemed to have ended and we can file, with one year to do so. The attempt also interrupts the limitation period from the date delivery is attempted.
The document behind the debt
The procedure is for money claims of any amount, provided the sum is already calculated and payment is overdue. The debt must appear in a document, on paper or in electronic form, signed by the debtor or bearing some mark of theirs, including an electronic one, or of the kind normally used to record debts in that type of relationship even if the creditor issued it, such as invoices, delivery notes or certificates. An invoice without a signed delivery note or other proof of delivery is usually the first thing a debtor attacks. Between private individuals, a WhatsApp message in which the debtor acknowledges the debt can support the application, as we explain in why electronic evidence decides cases.
If the debtor is a consumer and the debt comes from a contract with a business, the judge checks for unfair terms before issuing the demand and may propose a lower amount.
Finding the debtor
The application goes to the court of the debtor’s home address, whatever the contract says about jurisdiction, except that owners’ associations may also file where the property is. The demand must be served at that address or wherever the debtor can be found, and the law does not allow service by public notice except for those owners’ association debts. If the court cannot locate the debtor, or finds they live in another judicial district, the application is closed and must be started again in the right place. That is why we check the address before filing.
Twenty days and what can happen
The court requires the debtor to pay within twenty days or give specific reasons why they do not owe all or part of the sum. If they pay, the case is closed. If they neither pay nor respond, the court ends the procedure and a simple request is enough to start enforcement, explained on our attachment of assets page. From then on the debt carries statutory interest plus two points, and a debtor who stayed silent can no longer dispute it in other proceedings.
If the debtor objects, the case becomes a trial. Up to 15,000 euros it continues as a verbal trial and we have ten days to answer the objection in writing. Above that amount a full claim must be filed within one month of being notified of the objection, and if it is not, the court closes the case and orders the creditor to pay costs. Claims for unpaid rent always follow the verbal trial, whatever the amount. More detail in the Spanish order for payment procedure, step by step.
Where we are
Rúa Torreiro 13, 3.º C, 15001 A Coruña, Spain. Phone +34 677 841 007. Send us the invoices or debt document, proof of delivery, your messages with the debtor and their address, and we will tell you whether the order for payment is the right route. Video calls in English are available.
Frequently asked questions
Can I file the order for payment myself, without a lawyer?
Yes. The initial application needs neither a lawyer nor a court representative, and there are standard forms. You will need both if the debtor objects and the debt exceeds 2,000 euros, and also to request enforcement above that amount. What you should not do is file without first making and documenting the settlement attempt, because without it the application is not admitted.
Does a WhatsApp message in which the debtor admits the debt count?
It can, especially if the conversation makes clear who is writing, how much is owed and why. Keep the phone, do not delete the chat and export the full conversation rather than loose screenshots. If the debtor denies writing the messages, authorship will have to be proved by other means.
I sent the settlement proposal and the debtor has not replied. How long must I wait?
Thirty calendar days from when they received it. If there is no meeting or written reply within that time, the attempt is deemed to have ended and the order for payment can be filed within the following year. Keep the proof of delivery, because that is what the court will ask for.
The debtor lives in another EU country. Can I still claim?
Yes, through the European order for payment procedure, which uses standard forms common to EU countries. For that procedure Spanish law does not require the prior settlement attempt. Before starting, we check which court has jurisdiction and whether it is worth it given what the debtor owns there.
I have a bounced promissory note. Should I use the order for payment?
You can, but with a promissory note, cheque or bill of exchange in order, the bill-of-exchange procedure is usually better. The judge requires payment within ten days and at the same time orders the precautionary attachment of the debtor's assets, and no prior settlement attempt is needed. Bring the original document and proof that it was returned unpaid.