Practical legal guide · Spain
Spanish company not paying an invoice: how to recover the debt in Spain
You delivered goods or services to a company in Spain and the invoice is overdue. Between businesses, Spanish law gives the creditor statutory late-payment interest and a flat compensation of 40 euros, and an unpaid invoice can be claimed in a payment-order procedure (proceso monitorio) for any amount. From another EU country, the European payment order is also an option. A lawyer in Spain chooses the route and handles enforcement against the debtor's assets.
Describe your caseUpdated and verified:
Short answer
- Formal demand for payment
- Spanish payment order (monitorio)
- European payment order
- Enforcement in Spain
Late payment between businesses carries statutory interest and a €40 flat fee, and the invoice can be claimed in a fast payment-order procedure. Below we explain what is at stake and what a lawyer in Spain does.
Describe your caseQuick answers
- How much interest can I claim from a Spanish company?
- Unless the contract provides otherwise, the statutory late-payment interest is the ECB rate plus 8 percentage points.
- What is the 40-euro compensation?
- When a business debtor is late, the creditor is entitled to a fixed 40 euros, added automatically to the debt, plus proven recovery costs above that amount.
- Is there an amount limit for the Spanish payment order?
- No. The proceso monitorio is available for documented debts of any amount.
When this situation arises
- A Spanish customer has not paid one or more invoices
- The customer stopped answering or disputes the quality only after the due date
- You are a company or self-employed person outside Spain selling to Spanish businesses
- You are not sure whether the debtor is still solvent
What options do you have
Formal demand
A demand letter from a Spanish lawyer often leads to payment without court.
Spanish payment order (proceso monitorio)
A fast court procedure based on documents such as invoices and delivery notes; if the debtor does not object, it leads to enforcement.
European payment order
For cross-border claims within the EU, a uniform procedure under an EU regulation, available in most EU countries.
Recommended step-by-step process
- 1.
Claim and evidence
The lawyer checks the contract, invoices, delivery notes and correspondence.
- 2.
Debtor
The lawyer checks the debtor in the commercial register and whether insolvency proceedings are under way.
- 3.
Route
The lawyer chooses between a demand, the Spanish payment order and the European payment order, and calculates interest and the flat fee.
- 4.
Enforcement
If the court decision is not paid, the lawyer handles enforcement against the debtor's assets in Spain.
What documents to prepare
- Contract or order
- Invoices and delivery notes
- Correspondence about the debt
- Reminders already sent
- Debtor's company details (name, tax number CIF/NIF, address)
Common mistakes
- Waiting too long while the debtor's situation worsens
- Not claiming statutory interest and the 40-euro flat fee
- Missing proof of delivery
- Suing in the wrong country without checking jurisdiction
Risks and important deadlines
Debtor's insolvency
If the debtor enters insolvency proceedings, the creditor must lodge the claim there and recovers only part of it.
Disputed invoice
If the debtor objects to the payment order, the case continues as an ordinary court case.
Contract terms
Payment terms between businesses are limited by law; clauses that are grossly unfair to the creditor can be void.
When it's worth contacting a lawyer
Contact a lawyer in Spain when the invoice is overdue and your reminders have not worked, or as soon as you learn that the customer is in financial difficulty. A Spanish lawyer sends the demand, chooses the right procedure and enforces the decision against the debtor's assets in Spain. LawBridge is a lawyer search engine: you choose the lawyer yourself and send them a request. A lawyer's work is always paid.
Describe your caseFrequently asked questions
Spanish or European payment order?
Both are possible for a creditor in another EU country; a lawyer chooses based on the debtor, the documents and how enforcement will work.
Verified sources
- Ley 3/2004 de lucha contra la morosidad, arts. 4, 7 y 8 – plazo de pago, interés de demora y 40 euros por costes de cobro — Agencia Estatal Boletín Oficial del Estado (BOE)
- Ley 1/2000 de Enjuiciamiento Civil, art. 812 – proceso monitorio para deudas de cualquier importe — Agencia Estatal Boletín Oficial del Estado (BOE)
- Reglamento (CE) n.º 1896/2006 – proceso monitorio europeo — Úřad pro publikace EU / Publications Office of the EU