What You Need to Know (Lo Que Debes Saber)
Spanish Civil Code (Codigo Civil)
Spain operates under the Codigo Civil. Contract law, consumer protection, and debt collection follow specific statutory rules. Some autonomous communities (like Catalonia, Navarra) have their own civil law provisions.
Requerimiento de Pago
A proper demand letter (requerimiento de pago or carta de reclamacion) must clearly state the debt, amount, legal basis, and payment deadline. This formal notice is typically required before legal action.
Consumer Protection (LGDCU)
The Ley General para la Defensa de los Consumidores y Usuarios provides comprehensive consumer rights including warranty protections, withdrawal rights, and unfair contract term rules.
Statute of Limitations
The general limitation period (prescripcion) in Spain is 5 years for personal actions, 15 years for mortgage claims. Consumer contracts and commercial debts may have different periods. Don't delay.
Spanish Legal Framework (Version 30 Segundos)
Spain uses a civil law system based on comprehensive codes. The Codigo Civil governs contracts and obligations. The Codigo de Comercio applies to commercial transactions. Consumer disputes typically go to Juzgados de Primera Instancia. For claims under 2,000 EUR, the proceso monitorio (payment order procedure) is fast and efficient. A formal demand letter establishes the debt and puts the debtor in mora (default), triggering interest. Late payment interest follows the legal rate (currently around 3%) or contractual rate. The proceso monitorio requires only a document proving the debt - no lawyer required for amounts under 2,000 EUR. This tool helps create that formal demand - for complex cases, consult an abogado.
Common Questions (Preguntas Frecuentes)
Do I need a lawyer in Spain?
For the proceso monitorio (claims under 2,000 EUR), no lawyer is required. For larger claims, a procurador and abogado are typically needed. The demand letter is the first step before any court procedure.
What is a proceso monitorio?
The proceso monitorio is Spain's simplified payment order for uncontested debts. You present your claim with documentation, and if the debtor doesn't oppose within 20 days, you get an enforceable order. Fast and effective.
Should the letter be in Spanish?
For legal enforceability in Spain, the letter should be in Spanish (Castilian). In bilingual communities, you may use the co-official language (Catalan, Basque, Galician, etc.) as well.
What interest can I claim?
The legal interest rate is set annually (around 3%). Commercial transactions can claim higher rates. Once in mora (default), interest accrues automatically. For B2B, the late payment directive applies.
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