Lending money to a brother or sister, a friend or an ex-partner is usually done on trust, without a contract and with a simple bank transfer. The problem comes when months go by and the money is not returned, or when the other person says it was not a loan but a gift. Getting it back is possible, but it depends above all on what you can prove.
At MH & MG Abogados we have spent more than 25 years helping private clients recover their money from our offices in Barcelona and Roses (Girona). If you want to reclaim money lent to a family member or friend in Spain, here is how to go about it.
The key: proving it was a loan
The claimant must prove two things: that the money was handed over, and that it was handed over on the basis that it would be repaid. The first is usually easy with the transfer receipt. The second is what leads to most disputes, because the debtor may argue it was a gift or a payment for something else.
Useful evidence includes:
- A signed document, even a simple note or an email, acknowledging the loan and the repayment terms.
- The description on the bank transfer, if it says “loan”.
- WhatsApp messages or emails in which the debtor acknowledges owing you the money or promises to pay it back.
- Partial repayments already made, which show the debtor treated it as a debt.
- Witnesses to the handover or the conversations.
Before making a claim, do not delete anything and, if you are still on good terms, try to get the debtor to acknowledge the debt in writing.
If no repayment date was agreed
It is very common for no deadline to have been agreed. In that case you can ask for repayment at any reasonable time and, if there is a dispute about when the money must be repaid, the court can be asked to set the deadline. Unless interest was agreed, a loan between private individuals does not bear interest, although once you have claimed it the debtor may have to pay late-payment interest.
How to claim it, step by step
- Attempt to negotiate. Since April 2025 Spanish law requires an attempt at out-of-court settlement before filing a claim. A message demanding payment is not enough: you must send a formal invitation to negotiate, by burofax or another reliable means, or go to mediation. In family disputes, mediation also helps avoid a complete breakdown of the relationship.
- Payment order procedure (monitorio). If you have a document proving the debt, such as a signed acknowledgment or clear messages, the payment order procedure is the quickest route and no lawyer is needed to file the initial application.
- Verbal or ordinary proceedings. If the debt is not well documented or the debtor objects, the case is decided at trial: verbal proceedings up to €15,000 and ordinary proceedings above that.
- Enforcement and seizure. With a judgment or court order in your favour, the debtor’s bank accounts, salary or assets can be seized.
Time limit for claiming
In Catalonia, a claim to recover a loan generally becomes time-barred after ten years (Article 121-20 of the Catalan Civil Code), and after five years in the rest of Spain. Any formal demand or acknowledgment of the debt by the debtor interrupts the limitation period.
If you are about to lend money: how to protect yourself
Put it in writing, stating the amount, how and when it will be repaid and any interest. Always pay by bank transfer with the description “loan”. Filing the loan agreement with the Catalan Tax Agency (form 600, no tax payable) also gives it a certified date and prevents the tax authorities from treating it as a disguised gift.
We help you recover your money
At MH & MG Abogados we assess your evidence, prepare the negotiation attempt or mediation and, if necessary, file the payment order or claim. You can also read our article on debt recovery in Barcelona or visit our civil law page.
Book an in-person or online appointment in Barcelona (+34 93 368 32 02) or Roses (+34 972 15 24 32), via WhatsApp (+34 653 964 658) or through our contact page. We will give you a no-obligation quote.