How to claim an unpaid invoice in Spain

An overdue invoice is not recovered by repeating the same reminder. A claim improves when there is sufficient evidence, a sequence of actions and a clear decision about when to escalate.

1. Gather the documentation

Start with the invoice, but do not stop there. Contracts, accepted quotations, orders, delivery notes, emails and messages can help evidence the commercial relationship, the goods or services supplied and the amount. Also retain any acknowledgement of debt or promise to pay.

2. Make an out-of-court claim

The communication should identify the debt and clearly request payment. The channel depends on the case and the evidential value required. It is advisable to define from the outset what will happen if there is no response, if the debt is disputed or if instalment payments are proposed.

3. Document the negotiation and assess MASC

Negotiation is not a service for the debtor: it is a tool for the creditor to recover the debt. In certain civil matters, prior negotiation activity may be required. The method, exceptions, confidentiality and means of evidence must be reviewed in the specific case.

4. Assess court proceedings

If the previous phase does not resolve the unpaid debt, the appropriate procedure can be considered. Payment-order proceedings are a common route for monetary debts that are due, fixed, payable and evidenced by documents, but they are not automatic and are not always the best option. Viability, costs, possible objections and solvency should be assessed before beginning.

5. Make an informed decision

The aim is not to accumulate communications, but to choose between agreement, follow-up, closure or escalation. A well-structured matter enables that decision to be made quickly while preserving traceability.

General information only. It does not constitute legal advice or replace an individual assessment of facts, documents and deadlines.