Debt and Credit in Spain: ASNEF, the Second-Chance Law and the Monitorio (2026)

Debt in Spain has two sides, and this section covers both: the side where someone is chasing you, and the side where you are trying to recover or reset. The three big questions readers actually arrive with are how to get off a default register (ASNEF), how to wipe out debt you genuinely cannot pay (the second-chance law), and how the fast court procedure (the monitorio) works whether you are claiming or being claimed against.

All three are anchored to real statutes, and one framing runs through the whole section: these are legal and consumer rights you can exercise yourself, for free or at low cost, not services to buy from a company that promises to "erase your debt".

Information last verified on 22 July 2026. This page provides general legal information about Spanish law and does not constitute legal advice in an individual case. Before acting, check the current text in the BOE (www.boe.es).

Getting off ASNEF is a right, not a product

ASNEF, run by Equifax, is Spain's best-known fichero de morosidad: a shared register of unpaid debts that lenders check before granting credit. It is not the same as CIRBE, the Banco de España's risk register, which records aggregate borrowing rather than defaults.

Because a listing is a processing of your personal data, the rules live in data-protection law, above all LOPDGDD art. 20. That has a practical consequence worth stating first: getting a wrong or paid-off entry removed is a free legal right you exercise directly with the creditor, the register and, if needed, the AEPD. It is the exact thing a whole industry offers to do for a fee, and paying for it is paying for something the law already gives you. The ASNEF page sets out the conditions and the removal route.

Wiping out debt you cannot pay: the second-chance law

When the debt is simply beyond what a person can ever repay, Spain has a genuine discharge mechanism: the exoneración del pasivo insatisfecho (EPI), popularly the ley de segunda oportunidad, in the Ley Concursal (arts. 486-502) as reformed by Ley 16/2022. It lets an honest but insolvent individual or autónomo clear qualifying debts, either by keeping assets and following a payment plan or through a liquidation.

It is not automatic and not a guarantee. The law demands good faith (buena fe), which a set of disqualifiers can defeat, and some debts never discharge at all. The second-chance page explains who qualifies, the two routes, and what stays owing.

Claiming or answering a debt: the monitorio

The proceso monitorio (LEC arts. 812-818) is the workhorse for a documented debt. It is fast, has no amount ceiling, and does not require a lawyer or procurador to start, which is why it matters as much to a small creditor as to the person on the receiving end.

The court asks the debtor to pay within 20 días or to oppose; silence leads straight to enforcement, while opposition sends the matter to an ordinary trial. The monitorio page walks through both sides, the reclaiming a debt page sets out the whole escalation ladder, and the wage garnishment page covers what an embargo can actually take from a salary.

The compliance line, stated plainly

Throughout this section the framing is deliberate and it matters: we describe consumer and data-protection rights and the statutory insolvency process. We never promise to erase a debt, guarantee a discharge, or present a free legal right as a paid service. Anyone who does is selling the wrong thing, and the law already gives you the real one.

This page is general legal information about Spanish debt and credit law and does not constitute legal advice in an individual case. The controlling texts are the current versions in the BOE.