How long do I have to enforce a judgment?
Five years from when the judgment becomes final. It is a time bar (“caducidad”), so in principle it is not interrupted by demanding payment from the debtor and, once it has passed, enforcement can no longer be sought. Before applying for it, you have to let twenty days pass from when the judgment became final, so that the losing party can pay voluntarily. Once applied for within the time limit, enforcement no longer lapses, even if years go by without any assets being found.
Alburquerque Abogados
When it starts and when it ends
The five years are counted from when the judgment becomes final, not from when it was given. If nobody appeals, it becomes final when the time limit for appealing ends. If it is appealed, it becomes final when the judgment deciding the last appeal does. For example, if the judgment of the “Audiencia Provincial”, the provincial appeal court, became final in March 2026, enforcement can be applied for until March 2031.
The same time limit applies to the court decision approving an agreement reached during the proceedings, to an arbitral award and to a mediation agreement. It is set by the “Ley de Enjuiciamiento Civil” (Spain's Civil Procedure Act) and is the same throughout Spain. It should not be confused with the limitation periods for debts, which in Catalonia are generally ten years, or three for periodic payments. Once there is a final judgment, what counts for enforcing it is these five years.
If the time limit is allowed to pass
Once the five years have passed without enforcement being applied for, the right to apply for it lapses. If it is applied for anyway, the debtor can object on that ground and the enforcement will not go ahead. As it is a time bar and not a limitation period, in principle it is not interrupted by a “burofax” (a certified letter with proof of content) or by a written claim to the debtor.
For that reason, if the debtor promises to pay or proposes paying in instalments, it is advisable not to let time slip by. The prudent course is to apply for enforcement within the time limit and, if you later reach an agreement, to ask the court jointly to suspend it while the agreement is being complied with.
Once applied for
If enforcement is applied for within the five years, it no longer lapses. The law allows it to be pursued until the judgment has been complied with, even if it has been at a standstill for a long time. If no assets are found, the court usually shelves it provisionally and you can ask for it to continue when you learn of an asset, a new job or an inheritance coming to the debtor. That is why it is always advisable to apply for it within the time limit, even if the debtor appears to have nothing.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.