Lending money to a friend, flatmate, or even a relative might seem like a kind gesture… until they don’t pay you back. If you’re in that situation, don’t worry: yes, you can legally claim a private debt in Spain—even without a written contract.
In this guide, Legal Allies explains how to claim a debt step by step, and what to do if the debtor plays hard to get.
Can I claim a debt without a contract?
Yes. In Spain, you can claim a private debt even if there’s no formal written agreement, as long as you can prove:
- That the money was transferred (via bank transfer, Bizum, receipt…).
- That it was a loan, not a gift.
- That the other person agreed to repay it.
Legal Allies Tip: Always save screenshots of messages, emails, or conversations that prove the agreement.
Steps to claim a private debt
1. Try an amicable approach first
Before going to court, try talking or sending a formal message requesting repayment. Sometimes, a polite legal warning is more effective than a lawsuit.
You can send a burofax with proof of delivery stating the amount owed, the deadline, and possible legal consequences if unpaid.
2. Gather evidence
You’ll need to prove:
- The existence of the debt.
- That the debtor acknowledged it (texts, emails, signed notes).
- That you fulfilled your part (transferred the money).
3. File a monitorio (payment order)
This is the fastest and most affordable legal procedure to claim clear, due, and payable debts. You only need:
- A simple form.
- Copies of your evidence (receipts, messages, payment proofs).
The court will notify the debtor. If they don’t pay or oppose within 20 days, a forced execution is issued automatically.
4. File a lawsuit (if the debtor opposes or the case is complex)
If the debtor disputes the monitorio or the debt is complicated, you’ll have to go to court—either through a verbal or ordinary proceeding, depending on the amount.
In this case, you’ll need a lawyer and court representative (procurador) if the claim exceeds €2,000.
Can I claim a verbal agreement?
Yes, but it’s more challenging. You’ll have to rely on:
- Witnesses.
- Indirect evidence (messages, audio clips, bank transfers without clear description but with context).
- Later acknowledgements of debt.
How long do I have to claim a debt?
The general time limit (statute of limitations) for private debts in Spain is 5 years, counted from when the debt was due. After that, your right to claim may expire.
How can Legal Allies help you?
At Legal Allies, we understand that claiming money from someone close to you can be awkward… and legally tricky. That’s why we offer:
- Personalised advice to assess the viability of your claim.
- Drafting of effective legal communications (like burofaxes).
- Assistance with monitorio procedures.
- Specialised lawyers to support you if the case goes to court.
Claiming a private debt in Spain is legal, doable, and easier than you think—if you act with evidence and on time.
Are you owed money? Don’t stay silent. At Legal Allies, we help you claim what’s yours… without burning bridges (or at least, not more than necessary).
