Claiming an unpaid debt: the proceso monitorio

The proceso monitorio is a special judicial procedure regulated in articles 812 to 818 of the Ley de Enjuiciamiento Civil (the Spanish Civil Procedure Act, LEC), designed to collect monetary debts quickly and simply. Its key feature is that it reverses the initiative: instead of a trial, the court requires the debtor to pay or explain why they do not owe the money.

It is only valid for monetary debts that are liquid (of a determined amount), overdue and enforceable. It cannot be used to claim the delivery of an item, compensation pending valuation or a debt subject to a condition not yet fulfilled.

The competent body is the Civil Section of the Tribunal de Instancia (or the Single Civil and Investigating Section) of the debtor's domicile or residence (article 813 LEC); from 1 July 2025 these bodies replace the former Courts of First Instance, although the jurisdiction (debtor's domicile or residence) does not change. When the claimant is a community of property owners, they can also choose the court of the place where the property is located. If the debtor does not object, you obtain a title to seize assets without the need for a trial. Managora studies whether your debt fits the monitorio and processes it for you.

Since 2011 there is no maximum amount limit: any amount can be claimed. The essential thing is to be able to prove the debt with initial documentary evidence.

Article 812 LEC admits, among others: documents signed by the debtor (contracts, debt acknowledgements, non-exchange promissory notes), invoices, delivery notes, certificates, telegrams, faxes and any document that usually reflects credits and debts. Documents from the creditor that form part of a previous and lasting commercial relationship with the debtor are also valid.

Typical cases: unpaid invoices between companies or to an autónomo (freelancer), rent arrears, community of property owners fees and unreturned rental deposits. Managora reviews your documentation and prepares the petition with the documents the court requires.

To submit the initial petition you do not need a lawyer or a procurador (court representative), regardless of the amount (article 814 LEC). However, it is advisable that the petition is well presented and with the correct documentation so that the court admits it.

The intervention of a lawyer and a procurador becomes mandatory when the debtor objects and the debt exceeds €2,000, and also to request enforcement if it exceeds that figure.

Managora prepares and submits the petition for you, and takes over the management of the matter if the debtor objects, so that you do not have to find or coordinate anyone on your own.

Once the petition is admitted, the lawyer of the Administration of Justice requires the debtor to do one of three things within 20 days (article 815 LEC): pay, object with reasons or do nothing.

If they pay, they prove the payment and the process ends (article 817 LEC). If they object, the monitorio ends and the claim continues through the corresponding trial: verbal if the debt does not exceed €15,000 or ordinary if it exceeds it, in which case there is one month to file the lawsuit (article 818 LEC). If they do not pay or appear, the lawyer issues a decree that ends the monitorio and opens the enforcement route (article 816 LEC).

In the enforcement, accounts, payrolls, tax refunds from Hacienda (the Spanish Tax Agency) or the debtor's assets can be seized. Managora follows the matter in any of the three scenarios.

Community of property owners: article 21 of the Ley de Propiedad Horizontal (the Spanish Horizontal Property Act, LPH) provides for the monitorio for unpaid fees. A certificate of the board agreement liquidating the debt is provided, issued by whoever acts as secretary with the approval of the president, and proof of having notified the debtor (alternatively, on the community notice board for at least three days). If the debtor objects, the community can request the preventive seizure of their assets.

Unreturned rental deposit: the landlord must return the deposit and, after one month from the handover of the keys without doing so, the amount accrues legal interest (article 36 of the Ley de Arrendamientos Urbanos, the Spanish Urban Leases Act). Court practice allows claiming it via monitorio by providing the contract, the proof of delivery of the deposit and the prior request for return, although some courts do not consider it a documented debt in the strict sense: in that case the claim is channelled through a verbal trial.

Managora prepares both types of claims with the specific documentation that each one requires.

From 3 April 2025 (Ley Orgánica 1/2025), before going to court you must attempt an agreement through an appropriate means of dispute resolution (MASC) and prove it with documents: for example, a burofax claim with proof of sending, receipt and content. Many courts also require this condition in the proceso monitorio.

The same reform raised the amount of the verbal trial from €6,000 to €15,000, which determines which channel the claim continues through if the debtor objects.

Regarding the cost: natural persons (individuals and autónomos) are exempt from the tasa (official fee) for judicial proceedings. Legal entities submit form 696 and pay only the fixed fee of the monitorio (the variable part was annulled by STC 140/2016), with a 10% discount for electronic submission, unless they claim €2,000 or less: in that case they are also exempt due to the amount and do not submit form 696. You can see the updated amount of the Managora service on the procedure page.