What are the basic debt-collection legal procedures available in Spain?
- Spain
- 05/29/2002
In Spain, available debt-collection procedures are generally determined by the basis and amount of the debt. In general, the collection of debts that do not exceed 3.005,06 Euros are determined by “juicio verbal,” which are small-claims oral proceedings. The collection of amounts in excess of 3.005,06 Euros, or debts whose exact amount is not known, are determined by “juicio ordinario,” or ordinary legal proceedings subject to formal legal procedure.
There have also been recently established special proceedings for the collection of debts evidenced by certain monetary instruments and commercial documents, which are due and payable and do not exceed 30.050,60 Euros. Creditors holding these types of debts may initiate special proceedings denominated “proceso monitorio.” If the debtor opposes the demand, the matter will be determined in proceedings corresponding to the amount in controversy (“juicio verbal” or “juicio ordinario”). If there is no opposition by the debtor, the creditor may proceed to attach the debtor’s assets immediately.
If the debt is based on a valid bill of exchange, check or promissory note, collection of the debt may be initiated by “juicio cambiario,” a proceeding which is designed to be more rapid and efficient than ordinary proceedings (“juicio ordinario”).
Finally, the collection of debts which are reduced to judgment or arbitral award, or which are based on other judicial resolutions or certain executory documents, are determined by “juicio ejecutivo,” which are execution proceedings.
