How can I claim a debt through the courts?

Question

José Manuel Alburquerque · Accepted Answer

Before going to court you have to invite the debtor in writing to negotiate, because the law generally requires an attempt to reach an agreement before bringing a claim. If that fails, the route depends on the documents you have. With a public deed executed before a notary or a judgment, you can apply directly for attachment of the debtor's assets. With invoices, delivery notes or other documents recording the debt, you can use the order for payment procedure (“proceso monitorio”), a fast-track route for recovering money debts. In other cases you will have to bring a claim under the “juicio verbal” (the simplified procedure), up to 15.000 euros, or in ordinary proceedings (“juicio ordinario”), above that amount. Before going to court Claim the debt by a means that leaves a record —such as a “burofax”, a certified letter with proof of content and delivery— and genuinely invite the debtor to negotiate. Keep proof that the debtor received it, because you will normally have to submit it to the court. Before taking that step, it is also advisable to check two things. The first is that the time limit for claiming has not passed. In Catalonia it is generally ten years, although claims for payment for services, work or periodic payments, such as rent, become time-barred after three years. In most of the rest of Spain, the general time limit is five years. The second is whether the debtor has assets or income that can be attached, because a judgment in your favour does not get you paid on its own. If the debtor has nothing today, the debt does not disappear and can be recovered if they acquire assets or income later on. Which procedure to choose The law offers several routes and the right one depends above all on what you have in hand: A public deed executed before a notary in which the debt is recorded, a commercial contract signed before a notary (a “póliza”) or a judgment. These are enforceable instruments, that is, documents that allow you to apply for attachment without prior court proceedings. With a deed or a “póliza”, the debt must exceed 300 euros. For this claim, the enforcement application, there is no need to attempt an agreement first. An unpaid bill of exchange, cheque or promissory note. These have their own procedure, the “juicio cambiario”, which begins with a precautionary attachment of the debtor's assets. Documents recording the debt, whether or not they are signed by the debtor, such as an acknowledgement of debt, invoices or delivery notes. With them you can use the order for payment procedure, whatever the amount. The court requires the debtor to pay or to file an objection. If the debtor does neither, attachment can be requested. If the debtor objects, the matter goes to trial. None of those documents. You have to bring a claim under the “juicio verbal”, if you are claiming up to 15.000 euros, or in ordinary proceedings, if you are claiming more. At trial any evidence is valid. The courts disagree on whether the attempt to reach an agreement is also compulsory before the order for payment procedure. In Barcelona, it is a criterion agreed by the court clerks (“letrados de la Administración de Justicia”) that it is, so the prudent course is always to make the attempt. No lawyer or court agent (“procurador”) is needed to claim up to 2.000 euros or to file an application under the order for payment procedure, whatever its amount. In other cases they are compulsory. The claim is normally filed with the first-instance court (“tribunal de instancia”) for the debtor's home address, which throughout Catalonia has replaced the former courts of first instance since the end of 2025. What you can claim In addition to the debt, you can claim the agreed interest or, if none was agreed, generally interest at the statutory rate (“interés legal del dinero”) from the date you demanded payment. Between businesses and professionals, the Late Payment Act (“ley de morosidad”) provides for a higher rate of interest from the invoice's due date and a fixed sum of 40 euros for collection costs. If you win the case, the debtor will in principle have to pay the costs, which are the expenses of the case, subject to the limits set by law. If the debtor still does not pay, you can apply for enforcement of the judgment, which is the procedure for compelling them to comply, with the attachment of their bank accounts, of the part of their salary that the law allows or of other assets.