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How to chase an unpaid invoice in Spain

Most late payments are solved with a good, timely reminder. If not, there are clear steps before going to court.

Updated October 2026

1. A friendly reminder

The day after the due date, send a short email with the invoice number, amount and date, and attach the invoice. It is often an oversight.

2. A firmer second notice

If there is no reply within a week, call or write again asking for a specific payment date. Offering to split the payment can unblock things.

3. Formal demand

By burofax or another method that leaves proof: claim the debt, set a deadline and warn that you will claim interest and go to court. Between businesses, Act 3/2004 sets a maximum payment term of 60 days and lets you claim late-payment interest (the ECB rate plus 8 points) and €40 for collection costs.

4. The monitorio procedure

A fast court procedure for documented debts, with no upper limit. Up to €2,000 you need neither a lawyer nor a court agent: you file a form at the court of the debtor’s address.

And the VAT you already paid

If you declared VAT on an invoice you are not paid, in some cases you can recover it by adjusting the taxable base (bad debt). There are deadlines and requirements: check with an adviser.

Estimate for the general regime (mainland Spain and the Balearic Islands). It does not replace professional advice.

Frequently asked questions

How long do I have to claim an invoice?

For most debts, five years (article 1964 of the Spanish Civil Code), although there are exceptions. The sooner you claim, the better.

Can I charge interest for late payment?

Between businesses, yes: Act 3/2004 lets you claim late-payment interest and €40 compensation per invoice.

Do I need a lawyer for a monitorio?

Not for debts up to €2,000. Above that, you need a lawyer and a court agent.

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