Debt collectors in Spain: what they can and cannot do

Key rules

• Call hours: No fixed call hours or contact limits exist, but persistent or unwanted contact is not allowed.
• Third parties: A collector cannot reveal your debt to your employer, family or neighbours.
• Proof: You can ask in writing for proof of the debt and of the collector's right to claim it.
• Evidence: Keep dates and copies of every contact, because complaints depend on the facts.

What collectors can do

A collector may contact you to ask for payment. Spain has no single debt-collection law, so there are no fixed call hours or a set number of contacts per week. The limits come from general rules: contact must be reasonable, not persistent and not unwanted. Calls at odd hours, constant messages or pressure can cross the line.

What collectors cannot do

• Tell other people about your debt. A collector cannot reveal it to your employer, family or neighbours. They may contact a third party only to find you, without saying why.
• Threaten or harass you. Persistent calls, threats or pressure can be a criminal offence (coacción or acoso). They can also violate your right to honour and privacy.
• Misuse your data. Data-protection rules limit what a collector may do with your personal information.
• List you wrongly. You can only be put on a solvency file such as ASNEF if the debt is certain, due and payable, you were notified, and it is not older than five years.

Whether a particular contact is unlawful depends on the facts, so keep a record of every call, message and letter with dates and times.

How to make them prove the debt

Do not pay or admit anything until you are sure the debt is yours. Reply in writing and ask for:

• proof of where the debt comes from, such as the contract and the amount owed;
• proof that the collector has the right to claim it, if the debt was sold or transferred to them;
• for consumer credit, proof that you were told the debt was assigned to a new holder;
• a copy of the personal data they hold about you, through a data access request.

The documents list below sets out what to gather. Which papers apply depends on the type of debt.

Paying the original creditor before you knew about a transfer can release you from the debt. If you were never told about a transfer, say so. In a consumer credit, you can also raise against the new holder the defences you had against the original lender. If it reaches court, the claimant must prove both the debt and its right to claim it.

How to act against abuse

Choose the route that fits:

• Data misuse or sharing your debt with others: complain to the Agencia Española de Protección de Datos (AEPD).
• Unfair or aggressive practices: go to your regional consumer body or your town's consumer office (OMIC).
• Threats, coercion or harassment: file a criminal complaint with the Policía Nacional or Guardia Civil, the duty court (juzgado de guardia) or the Fiscalía.
• Harm to your honour or privacy: you can claim damages in the civil courts.
• The creditor is a bank: you can also complain to the Banco de España's claims service.

Attach your record of contacts to any complaint. The questions below cover common doubts, such as call times and unknown companies.

Documents you need

• Proof of the debt: ask the collector or original creditor to show where the debt comes from, such as the contract or account it arose from.

• Proof of the collector's right to claim: if the debt was sold or transferred to them, ask for evidence of the transfer. For a bulk sale of debts, you can ask for proof that your debt was part of it.

• Notice of the transfer: for consumer credit, you should have been told that the debt was assigned to a new holder.

• A copy of the personal data they hold about you, which you can request as a data access request.

Frequently asked questions

Can a debt collector call me at any time of day?

No, Spain sets no fixed call hours, but collectors are expected to call at reasonable times. Persistent, unwanted calls, threats or pressure can count as harassment, and in serious cases as a crime such as coacción (forcing someone by pressure) or acoso (stalking). Keep a note of the dates and times of each call.

Can a collector tell my boss or neighbours about my debt?

No, a collector may not reveal your debt to your employer, family or neighbours. They may contact other people only to find you, without mentioning the debt. If they do mention it, you can complain to the data-protection agency (AEPD), which has fined companies for this.

Where can I complain if a collector goes too far?

You can complain to the AEPD for data misuse, and to your regional consumer body or your town hall's consumer office (OMIC) for unfair pressure. For threats or stalking, report to the police, the Guardia Civil, the duty court (juzgado de guardia) or the prosecutor's office. If the creditor is a bank, you can also go to the Banco de España's claims service.

What if I don't recognise the company that says I owe money?

You can ask the collector to prove both the debt and their right to claim it. If the debt was sold to them, you should be told of the transfer. Until you know of it, paying the original creditor still settles the debt. You can also ask for the data they hold on you, and in court they must prove the debt and their title to it.