Unpaid debts are one of the most common legal problems faced by individuals and businesses in Spain — especially for foreign landlords, service providers, or investors who deal with clients from abroad. Fortunately, Spanish law provides several clear and effective legal procedures to recover money owed, whether through an amicable settlement or formal court action.
At Atlantic Law Tenerife, we assist both residents and non-residents in reclaiming unpaid amounts quickly and efficiently, offering full representation in English and Spanish.
1. First step: Attempt an amicable solution
Before filing a claim, it’s always advisable to try to recover the debt out of court. This usually involves sending a formal demand letter (requerimiento de pago) to the debtor, giving them a fixed period to pay or reach an agreement.
This written demand is important, as it serves as proof of your attempt to settle the matter amicably and can later be used in court. In many cases, a clear and professionally drafted letter from a lawyer is enough to make the debtor pay.
2. The “monitorio” procedure: a fast and cost-effective option
If the debtor ignores your request, the next step is to file a payment order procedure (procedimiento monitorio) before the Spanish court.
This is the simplest and most efficient way to claim liquid and documented debts — for example, unpaid rent, invoices, or loans.
You only need to provide written evidence of the debt, such as:
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A signed contract,
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An invoice or delivery note,
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Bank transfers or messages acknowledging the debt.
Once the claim is filed, the court will notify the debtor and give them 20 days to either pay or oppose the claim. If they do not respond, the court issues an enforcement order, and assets can be seized directly.
3. What if the debtor opposes the claim?
If the debtor formally objects within the 20-day period, the process converts into a verbal trial (juicio verbal) or an ordinary trial (juicio ordinario), depending on the amount claimed.
At this stage, your lawyer will prepare the case, submit written pleadings, and represent you in court hearings.
Although it takes longer than the monitorio process, a successful judgment allows you to enforce the decision and collect payment through the court.
4. Enforcement and asset seizure
Once there is a court judgment in your favour, your lawyer can request enforcement (ejecución de sentencia).
This enables the court to:
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Locate the debtor’s bank accounts, salaries, or properties,
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Order their seizure (embargo),
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Or, in the case of companies, seize assets and receivables.
Spain has effective mechanisms to trace and seize assets through its judicial system, and if the debtor resides abroad, the judgment can often be enforced internationally through EU or bilateral treaties.
Many property owners and small businesses in Tenerife face difficulties collecting payments from tenants, contractors, or clients living abroad.
At Atlantic Law Tenerife, we manage the entire process on your behalf — from sending pre-legal notices to obtaining and enforcing court orders.
We act for both individuals and companies, and our bilingual service ensures that all documentation, communication, and court representation are handled in a language you fully understand.
