Unpaid invoice from a Spanish company: how to collect it step by step
From a friendly reminder to court. Spain's B2B payment terms, statutory interest, the €40 compensation and what to say at each stage, with cross-border options for foreign creditors.
IberiaData editorial team · 19 October 2026 · 2 min read
An unpaid invoice is not just missing money: it's someone on your team chasing someone else. The good news is that Spanish law, which implements the EU Late Payment Directive, protects creditors between businesses quite well, as long as you do things in order.
Know your rights
Spain's Ley 3/2004 sets out:
- Maximum payment term: 60 calendar days between businesses.
- Late-payment interest: accrues automatically from the due date, at the ECB rate plus eight points.
- €40 recovery costs: a fixed amount per invoice.
Stage 1: friendly reminder (days 1-7)
A short email with the invoice attached: "Do you have it on file? It was due on X." No accusations.
Stage 2: call (days 8-20)
Call whoever pays, not whoever hired you. In a small Spanish company that's usually the same person: the manager. If the number you had no longer works, search the tax ID in an up-to-date directory.
A script that works (in Spanish if you can): "Hi, I'm calling about invoice 2026-118 for €1,850, due on 3 September. Can you confirm when you'll pay it?" Closed question, concrete date, confirm by email.
Stage 3: formal demand (days 20-40)
A burofax with certified content and acknowledgement of receipt, including the invoices, principal, interest, €40 per invoice and a 10-day deadline. It also helps prove the pre-litigation negotiation attempt that many Spanish civil claims now require.
Stage 4: court
- Spanish monitorio: for documented, due money debts; no lawyer needed for the initial petition. The debtor has 20 days to pay or object.
- European Payment Order: for undisputed cross-border claims within the EU.
- European Small Claims Procedure: for cross-border claims up to €5,000.
Prevention
- Ask for the tax ID and check the company before trading.
- Ask for a deposit on large first orders.
- Invoice on delivery and make the due date clear.
- Always keep the manager's mobile, not just the office landline.
Frequently asked questions
What is the maximum B2B payment term in Spain?+
As a general rule, 60 calendar days from delivery of goods or services. A longer term can't be agreed.
Can I charge interest on a late invoice in Spain?+
Yes. Statutory late-payment interest accrues automatically from the due date, plus €40 per invoice in recovery costs.
Written and reviewed by the IberiaData editorial team. Last updated: 19 October 2026. If you spot anything out of date, let us know.
