How long does it take for assets to be attached after an order for payment procedure (“proceso monitorio”)?
There is no fixed timescale, because it depends above all on the court's workload. When the twenty working days pass without the debtor paying or objecting, the court brings the order for payment procedure to an end and the creditor can apply for enforcement straight away, without waiting for any further time limit. When enforcement is opened, the court can order attachment without first demanding payment from the debtor. Between the application for enforcement and the first attachments, anything from a few weeks to several months may pass, depending on the court.
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The steps up to attachment
If the debtor neither pays nor objects, the route to attachment involves the following steps:
- The twenty working days the debtor had to pay or object expire, counted from when the debtor received the court's demand for payment.
- The court clerk (“letrado de la Administración de Justicia”), the official who runs the court office, issues a decree bringing the order for payment procedure to an end and notifies the creditor of it.
- The creditor applies for enforcement, which is the procedure for compelling payment by attaching assets. A written application is enough and the creditor does not have to wait for the twenty-day period that the law gives to anyone ordered to pay by a judgment. If the debt exceeds 2.000 euros, the creditor needs a lawyer and a court agent (“procurador”).
- The judge issues the order opening enforcement and the court clerk orders the measures to obtain payment, such as tracing the debtor's assets and attaching the money in their bank accounts, their salary or other assets.
How long it takes in practice
The law does not set how long the court may take over each of those steps. It depends on the court's workload, so the time varies greatly from place to place.
Once ordered, the attachment of the money in bank accounts is usually the first and the quickest, because the courts communicate with the banks electronically. The order to attach a salary or pension is sent to whoever pays it. Attaching a flat or a car involves more formalities and, to obtain payment from them, they then have to be sold at auction.
The debtor can object to enforcement within ten days, but only on very limited grounds, such as having paid. The objection does not stop enforcement.
In the meantime
From the moment enforcement is opened, the debt accrues annual interest equal to the statutory interest rate plus two percentage points, unless another rate had been agreed or the law sets a special one. In addition, the costs of enforcement are borne by the debtor. That is why the longer the debtor takes to pay, the more it will cost them.
The fact that attachment is ordered does not guarantee payment. If the debtor has no money or assets in their name, there will be nothing to attach.
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.