You won the case: how to collect the money in Spain

Terms used

• Demanda ejecutiva — The demanda ejecutiva is the written claim you file to ask the court to enforce a judgment.
• Procurador — A procurador is the court representative who files documents and receives notices for you, working alongside your lawyer.
• Manifestación de bienes — A manifestación de bienes is a list of assets the court orders the debtor to give.
• Embargo — The embargo is the court's seizure of the debtor's assets, such as bank accounts, wages or property, to pay the debt.
• Punto Neutro Judicial — The Punto Neutro Judicial is the electronic system courts use to query banks and public registers about a debtor's assets.

Key rules

• Time limit: You must file the enforcement claim within 5 years of the judgment becoming final.
• Lawyer and procurador: Enforcement over 2,400 euros needs both a lawyer and a procurador.
• Asset search: Only the court can search the debtor's accounts and property, and only if you ask and the judge agrees.
• Debtor's objection: The debtor can object to enforcement, so expect some delay before assets are sold.

Winning is not the same as being paid

A judgment is only an order to pay. If the debtor does not pay, you must ask the same court to enforce it. The court then seizes assets and turns them into money for you. Nothing happens unless you start it.

Start before the time limit

You must file the enforcement claim within 5 years of the judgment becoming final. This is a hard cut-off. After it, the right to enforce the judgment is lost, and you can only pursue the claim in other ways, if any exist. Do not wait to see whether the debtor pays on their own. Note the date the judgment became final and work back from it.

The enforcement claim is called the demanda ejecutiva. You file it with the court that issued the judgment. The steps are in the process below.

You need a lawyer and a procurador

For enforcement over 2,400 euros, you need both a lawyer and a procurador. A procurador is the professional who represents you before the court and handles its paperwork. Below that amount, the rules are lighter. Ask your lawyer whether you need both for your case, since these thresholds are set by law and can change.

Make the court find the assets

Often the hardest part is learning what the debtor owns. You cannot search bank accounts or property records yourself. The search goes through the court, so you have to ask for it.

You can ask the judge for two things:

• A list of assets. The court can order the debtor to submit a manifestación de bienes. If they refuse or hide things, they face penalties.
• An official search. The court can ask the Tax Agency, Social Security, the land registry and banks for information on the debtor's assets. Courts run these queries electronically through the Punto Neutro Judicial, which covers bank accounts and property.

Show the court your judgment and explain why you need the search. The judge decides whether to grant it. Third parties are required to cooperate with the court.

What happens next

Once the court finds assets, it orders their seizure (embargo). The debtor can object, and that can slow things down. Seized assets are then sold, and the proceeds go to you. The process and checklist below set out the order and what to ask for.

If the debtor will not say what they own, the official search is your answer. Your lawyer can request it in the same filing as the enforcement claim, so you do not lose time.

Step-by-step: enforcing a judgment in Spain

From demanda ejecutiva to payment

• Check you are still inside the enforcement window: before you start; you must file within 5 years of the judgment becoming final

• Wait for the court to approve enforcement and order the seizure of assets (embargo): after the court examines your claim

• The debtor is notified and ordered to pay: once enforcement is approved

• Ask the court to trace the debtor's assets if you do not know where they are: when you do not know what the debtor owns; show your judgment and explain why you need it.

• The court seizes assets, usually bank accounts first, then wages, then real estate: after the order to pay, in order of how easily they can be turned into cash

• Expect the debtor to object (oposición) if they disagree: the debtor has 10 days to object on formal or substantive grounds

• The court sells seized assets, for example at a public auction on the state's online auction portal, and pays you: after any objection is resolved; interest and costs are covered by the seizure too

Checklist

• Hire a lawyer and a procurador before filing the enforcement claim, since enforcement over 2,400 euros needs both.

• Show the court your judgment and explain why you need the asset search, because the judge decides on the request.

Frequently asked questions

Do I need a lawyer and procurador to enforce a judgment?

Yes, enforcement over 2,400 euros needs both a lawyer and a procurador (the professional who files papers for you in court). Below that amount, you may not need them. Ask the court office or your lawyer which applies to your claim.

Can I search for the debtor's bank accounts myself?

No, you cannot use the court's asset-search tools directly, because access goes through the court. You ask the judge to request information from bodies such as the Tax Agency, Social Security, the land registry and banks. You must show your judgment and justify the request, and the court decides.

What if the debtor will not say what they own?

The court can order the debtor to submit a manifestación de bienes, a sworn list of their assets. Failing to do so can bring penalties. You can ask for this alongside the court's own asset search.