Unpaid debts are increasingly common for individuals, the self-employed and businesses: rent, an invoice, a loan between acquaintances or a deferred payment that never arrives. Knowing the legal routes to recover the debt and acting in time makes the difference between getting paid and not.
What can be claimed?
A claim can be brought whenever there is a clear, due and enforceable debt. That is:
- There is an obligation to pay.
- The agreed deadline has passed.
- The debt is documented.
The most common situations are:
- Unpaid rent.
- Unpaid invoices for services or goods.
- Personal loans that have not been repaid.
- Compensation for breach of contract.
- Missed instalment payments.
Both individuals and companies can bring a claim, provided they can prove the debt.
How is the debt proved?
A written contract is not always necessary: accepted quotes, bank transfers, messages and other evidence can prove the obligation. The amount, due date and enforceability must be established. It is advisable to keep all records of the steps taken to collect the debt.
Steps before going to court
Since 3 April 2025, Organic Law 1/2025 requires that, before filing most civil claims, the claimant prove a prior attempt to negotiate through an appropriate dispute resolution method (known in Spain as MASC). There are legal exceptions, but in a claim for money it is usually mandatory. Valid methods include:
- A formal invitation to negotiate, sent by burofax, certified mail, email or any other means that proves sending and receipt, expressing a willingness to negotiate in good faith and setting out what the negotiation is about.
- A binding confidential offer.
- Mediation or conciliation before a neutral third party.
A simple payment demand announcing a lawsuit is not enough: the civil sections of the Barcelona Provincial Court agreed on this in October 2025. Keep proof of sending, of receipt and of the debtor’s response or silence. Very often this step alone is enough for the debtor to react and pay.
Which court procedure is used?
The choice depends on the type of debt, the amount and the documents available.
1. Payment order procedure (monitorio)
This allows documented monetary debts of any amount to be claimed if they are liquid, determined, due and enforceable:
- An application is filed with the court together with the supporting documents.
- The court notifies the debtor, who has 20 days to pay or object.
- If the debtor neither pays nor objects, enforcement can be requested.
- If the debtor objects, the case moves to the type of trial that corresponds to the amount.
No lawyer or court representative (procurador) is required to file the initial payment order application, whatever the amount. They may be needed for the objection and enforcement stages, depending on the procedure and the amount.
2. Verbal proceedings (juicio verbal)
As a general rule based on amount, and subject to special rules by subject matter, this is used for debts of up to €15,000. It is faster than ordinary proceedings and may be decided at a single hearing.
3. Ordinary proceedings (juicio ordinario)
As a general rule based on amount, this is used for debts above €15,000, subject to special rules by subject matter. It takes longer and requires a full statement of claim, a hearing and the taking of evidence.
As a general rule, professional representation (lawyer and procurador) is required for amounts above €2,000.
4. Debts between businesses or professionals
Where the unpaid debt arises from a commercial relationship, similar procedures apply, adapted to the type of contract.
Can the debtor’s assets be seized?
Yes. With an enforceable decision, the court can be asked to seize bank accounts, wages, property or other assets, within legal limits. For example:
- Bank accounts.
- Salaries or pensions, in the part that can be seized.
- Vehicles or real estate.
- Tax refunds.
The court can trace the debtor’s assets using tools such as the Punto Neutro Judicial. Timescales depend on notifications, objections, the debtor’s solvency and the court’s workload; no time frame can be guaranteed.
What is the time limit for claiming?
The limitation period depends on the applicable law and the type of debt: the Spanish Civil Code provides five years for personal actions with no special period; in Catalonia the general period is ten years, and three years for certain claims, including periodic payments. Interruption, calculation and special rules should be checked before acting. Once a debt is time-barred, it can no longer be claimed.
What if the debtor cannot be found?
Proceedings can still be started. If the debtor cannot be located, the court may serve notice by public edict. This can lengthen the process, but it does not prevent it from moving forward.
Specialist legal support
A sound claim requires choosing the right procedure, assessing the debtor’s solvency and gathering the necessary documents. If the debt comes from a tenancy and you also want to recover the property, see our guide on evictions in Barcelona or our civil law lawyers in Barcelona and Roses page.
Book an appointment with MH & MG Abogados in Barcelona or Roses to review your case.
Updated: 23 October 2026. Legislation: Civil Procedure Act · Organic Law 1/2025 · Catalan civil law