Collecting an unpaid debt or invoice through a payment order

Terms used

• Monitorio — The monitorio is a fast court procedure where you ask a judge to order a debtor to pay a documented money debt.
• Requerimiento — The requerimiento is the court's formal demand to the debtor to pay, or to oppose with reasons.
• Procurador — The procurador is a court representative who files papers for you; it is required in later stages of bigger claims.
• Ejecución — The ejecución is the court enforcement of a debt, for example by seizing bank accounts or wages.

Key rules

• No lawyer to start: You can file a monitorio petition yourself, without a lawyer or procurador.
• No amount limit: A monitorio works for documented money debts of any amount.
• Silent debtor: If the debtor does not answer within 20 working days, you can ask for enforcement without a trial.
• Opposition above 6,000 euros: If the debtor opposes a claim above 6,000 euros, you have 1 month to file your demand, and then need a lawyer and procurador.
• Cross-border claims: For a debtor elsewhere in the EU (not Denmark), use a European order for payment or, up to 5,000 euros, the small claims procedure.

The short answer

If someone owes you a fixed sum of money and you have paperwork to show it, the monitorio is usually the cheapest and fastest route. You do not need a lawyer to start it. If the debtor lives in another EU country, two European procedures work in a similar way.

When a monitorio fits

The debt must be a money debt that is clear in amount and already due. There is no maximum amount. You must also have documents that support it, such as:

• invoices or delivery notes
• certificates or signed documents
• papers showing you have dealt with the debtor before in business

Unpaid community-of-owners fees also qualify, with a certificate of the unpaid amount from the community. The documents block below lists what to attach.

How to start

You file the official petition form. You do not need a lawyer or a procurador (a court representative) at this stage. File it with the first-instance court (juzgado de primera instancia) where the debtor lives. In small municipalities, that is the local juzgado de paz. For a consumer debt, it is always the court of the debtor's home. Court fees and which court handles your case can change, so check the competent court before filing.

What happens next

If the court admits your petition, it sends the debtor a requerimiento (a formal payment demand). The debtor has 20 working days to do one of three things:

• Pay. The case ends.
• Oppose with reasons. The case moves to a normal court procedure.
• Stay silent. The court ends the monitorio and you can ask for ejecución (enforcement, such as seizing bank accounts or wages) without a new trial.

If the debtor opposes and the claim is above 6,000 euros, you must file your demand within 1 month. From then on you need a lawyer and a procurador. Up to 6,000 euros, the case continues as a simpler hearing.

If the court cannot find the debtor, it searches official registries. If that fails, the petition is closed. Give the most current address you have.

If the debtor is in another EU country

Two procedures exist for cross-border civil and commercial claims within the EU, except Denmark. Tax, family and insolvency matters are excluded.

• European order for payment. You file a standard form. The debtor has 30 days to oppose. If they do not, the order can be enforced across the EU.
• European small claims procedure. This is for claims up to 5,000 euros. You do not need a lawyer.

Both are filed with the competent first-instance court. Forms and thresholds are updated from time to time, so check the current forms on the European e-Justice portal before you file.

The decision block below helps you choose between the three routes.

Choosing between options

Which payment order route fits your debt?

• Spanish payment order (monitorio): The debtor lives in Spain and the debt is a money debt that is due, with documents such as invoices or delivery notes. There is no ceiling on the amount.

• European order for payment: The debtor is in another EU country (not Denmark) and is not expected to contest the claim.

• European small claims procedure: The claim is cross-border within the EU, up to 5,000 euros, and you want to manage it without a lawyer.

Use the monitorio when the debtor is in Spain; use a European procedure when the debtor is in another EU country.

Timeline and deadlines

• The court admits your petition and serves the payment demand on the debtor: after you file

• The debtor pays, opposes with reasons, or stays silent: within 20 working days of being served

• If the debtor stays silent, the court ends the monitorio and you can ask for enforcement without a new trial: after the 20 working days pass

• If the debtor opposes and the claim is above 6,000 euros, file your demand: within 1 month of the opposition

• For a European order for payment, the debtor can oppose: within 30 days; if they do not, the order is enforceable across the EU

Documents you need

• Invoices, delivery notes or certificates that show the debt, or signed documents, or papers that show a prior business relationship with the debtor.

• For unpaid community-of-owners fees, a certificate of the unpaid amount from the community.

• The official petition form, filed with the first-instance court (or the local Juzgado de Paz in small municipalities) where the debtor lives. For consumer debts, it is always the court of the debtor's home.

Frequently asked questions

Do I need a lawyer to start a payment order in Spain?

No, you do not need a lawyer or procurador to file a monitorio petition, which you submit on the official form.

What happens if the court cannot find the debtor?

If the debtor cannot be found, the court tries to locate them through official registries. If that fails, the petition is closed, so give the most complete and current address you have.

Can I use a European order for payment if the debtor lives in another EU country?

Yes, a European order for payment can be used for uncontested money claims between EU countries, but not Denmark. It does not cover matters such as tax, family or insolvency claims.

Is there a cross-border option for smaller claims?

Yes, the European small claims procedure covers cross-border civil and commercial claims up to 5,000 euros. You do not need a lawyer for it, and you file it with the competent first-instance court.