This significant improvement in the options available to creditors in Spain for recovering their debts is to be welcomed.

Debt Collection in Spain: A New Role for Notaries

This represents progress in two ways: firstly, in terms of the cost of the judicial payment order procedure (monitory order), and secondly, in terms of the time required to obtain an enforceable judgment (on average, more than 6 months).

To obtain an enforceable judgment, the creditor will have to pay the notary's fees, which represents a significant saving compared to the fees and costs associated with a judicial payment order in Spain (court fees, solicitor's fees, and court taxes).

A procedure reserved for business-to-business relationships

However, this option is not available for debts incurred between businesses and consumers, for which legal action remains the standard.

This option is recommended for debts between businesses, especially since it can be used regardless of the amount owed in Spain.

How does the notarial procedure work?

It allows the notary with territorial jurisdiction over the debt to be recovered to request payment from the debtor.

The debtor then has 20 days to pay or to contest the payment.

If, within this 20-day period, the debtor does not contact the notary, the creditor will then have an enforceable judgment and can initiate the corresponding enforcement proceedings.

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