Debts left in your home country when you move to Spain

Terms used

• CIRBE — The CIRBE is the Banco de España's credit register, listing loans that lenders in Spain have reported.
• ASNEF-Equifax — ASNEF-Equifax is a private file of unpaid debts reported by creditors operating in Spain.
• BADEXCUG — BADEXCUG is a private Spanish file of unpaid debts reported by creditors.
• Exequátur — The exequátur is the Spanish court process that recognises a non-EU judgment so it can be enforced.

Key rules

• Credit records: Your home credit history does not automatically transfer to Spanish credit files.
• Foreign creditors: A foreign creditor can only register a debt in a Spanish file if it operates in Spain, the debt is certain and due, and you are warned first.
• EU judgments: An EU judgment can be enforced in Spain without a separate approval step.
• Non-EU judgments: A UK, US or other non-EU judgment needs recognition by a Spanish court before it can be enforced.
• Deadlines: Answer any court or creditor papers on time, because missing a deadline can make an order enforceable.

The short answer

Your home-country debts stay yours, and a creditor can chase them in Spain. But your home credit record does not move across to Spanish credit files. Most newcomers face a different problem: no Spanish credit history at all.

Will home debts show up in Spanish credit checks?

Usually not. Spanish lenders check national databases:

• The Banco de España credit register (CIRBE), which lists loans reported by lenders in Spain.
• Private defaulter files such as ASNEF-Equifax and BADEXCUG, which hold only unpaid debts reported by creditors operating in Spain.

There is no automatic sharing of consumer credit histories between countries and Spain. A multinational bank may see records held within its own group, so do not assume a clean slate with a bank you already used at home.

When a foreign debt can reach a Spanish file

A foreign creditor or debt-collection agency can register your debt in a Spanish file only if it has a Spanish presence and the debt is certain, due and demandable. It must warn you first under data protection rules. If you get such a notice, check the debt and answer it before it is registered.

Starting with no credit history

With no Spanish history, loans and some rentals are harder. Landlords and banks may ask for payslips, a work contract or a guarantor. Have these ready.

EU creditors

An EU court judgment can be enforced in Spain without any special approval step. The creditor takes the judgment and its standard certificate to the Spanish court of first instance where you live or where your assets are. Enforcement then follows Spanish procedure.

You can ask the court to refuse enforcement, but only on limited grounds:

• It would go against Spanish public policy.
• You were not properly served in a default judgment.
• It conflicts with another judgment.
• The foreign court lacked jurisdiction, in specific cases.

Denmark is covered by a separate agreement.

A creditor with no judgment still has options:

• European Order for Payment. If you do not oppose it within 30 days, it becomes enforceable.
• European Small Claims Procedure. It covers claims up to 5,000 euros, and its judgments are enforceable across the EU.
• European Account Preservation Order. It can freeze your bank accounts before any judgment.

Never ignore papers from an EU court or creditor. The deadlines are short.

Creditors from outside the EU

A judgment from the UK, the US or another non-EU country is not enforced automatically. The creditor must ask a Spanish court of first instance to recognise it, a process called exequátur. They file the judgment, proof it is final, proof you were served if you did not take part, and a certified translation.

The court does not re-argue the debt. It checks that the judgment:

• Is not contrary to Spanish public policy.
• Does not breach exclusive Spanish jurisdiction.
• Was properly served.
• Does not conflict with another judgment.

Treaties may help the creditor. The UK has no enforcement treaty with Spain since Brexit, though international conventions on court-choice clauses and judgments may apply depending on dates. The US has no treaty with Spain, and reciprocity is considered. Because this depends on when the case was started and decided, get legal advice if you are being pursued.

What to do

• Do not assume moving ends the debt. Contact the creditor and agree a plan if you can.
• Keep every notice and respond within the deadline it gives.
• If a Spanish court sends you papers, get a Spanish lawyer quickly.

The timeline, documents and FAQ below cover the steps, papers and common questions.

Timeline and deadlines

• A creditor without a judgment can freeze bank accounts with a European Account Preservation Order: before any judgment is given

• You can oppose a European Order for Payment: within 30 days of receiving it

• If you do not oppose, the order becomes enforceable across the EU: after the 30 days have passed

• The creditor takes an EU judgment and its certificate to the Spanish court, with no extra approval step: once the creditor holds the judgment

Documents you need

• For an EU judgment, the creditor presents the judgment and the standard certificate issued with it to the Spanish court of first instance.

• For a non-EU judgment such as from the UK or US, the creditor files the judgment together with proof that it is final.

• If you did not take part in the foreign case, the creditor must also show proof that you were properly served.

• A certified translation of the non-EU judgment into Spanish.

Frequently asked questions

Will my debts from home show up when I apply for a loan or rental in Spain?

No, your home-country debts do not normally appear in Spanish credit checks, because there is no automatic cross-border sharing of credit histories. You will usually start with no Spanish credit history, so landlords or banks may ask for payslips, a work contract or a guarantor.

Can a foreign debt collector get me listed in a Spanish defaulter file?

Yes, but only if the creditor or collection agency has a Spanish presence and the debt is certain, due and demandable. It must also notify you beforehand under data protection rules.

Can a UK or US court judgment be enforced against me in Spain?

Yes, but the creditor must first have it recognised by a Spanish court through a process called exequátur. The court checks conditions such as public policy and proper service, not the merits of the debt. The UK and US have no enforcement treaty with Spain, though some Hague conventions may apply.

Can an EU creditor freeze my Spanish bank account before winning in court?

Yes, a creditor from another EU country can ask for a European Account Preservation Order, which allows bank accounts to be frozen before judgment. Without a judgment, a creditor can also use the European Order for Payment, or the small claims procedure for claims up to 5,000 euros.