The Monitorio in Spain: Claiming or Answering a Debt (2026)

The monitorio is the procedure most people in Spain actually use to claim an unpaid invoice or to answer one. It is fast, it has no amount ceiling, and you do not need a lawyer or procurador to start it, which is why it matters as much to a small business chasing a bill as to the person who has just received a demand. This page explains it from both sides.

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.

What the monitorio is for

The monitorio exists to turn a clear, documented debt into an enforceable order quickly, without a full trial unless the debtor genuinely contests it. Under LEC art. 812 you can use it to claim a debt of any amount that is dineraria, líquida, determinada, vencida y exigible, provided you can back it with documents: invoices, delivery notes, certifications, telegrams, or any writing signed by or bearing the mark of the debtor, among the forms the article lists. The removal of the old quantitative ceiling means it is now used for large commercial debts as well as small ones.

Filing it: no lawyer needed

A distinctive and practical feature is that the initial petición inicial does not require a lawyer or a procurador. You fill in a straightforward form identifying yourself, the debtor, the amount and the basis of the debt, and attach the documents. That is what makes the monitorio a real self-help tool for someone owed money, and it is the single most useful thing to know if you are the one claiming.

The 20-day window

Once the court admits the petition, it issues a requerimiento de pago: the debtor is required, within 20 días, to do one of three things. This is the pivot of the whole procedure, and the choices have very different consequences.

• Pay. The matter ends.
• Do nothing. This is the trap for a debtor. Under LEC art. 816, if the debtor neither pays nor opposes within the 20 días, the court issues a decree ending the monitorio and the creditor can move straight to enforcement (despacho de ejecución). Silence does not make the debt go away; it fast-tracks its collection.
• Oppose. The debtor files a written opposition (escrito de oposición) setting out why the debt is not owed.

What opposition does

Opposition stops the fast track and opens a real dispute. Under LEC art. 818, once the debtor opposes, the claim is resolved through the ordinary process that matches the amount: a juicio verbal for smaller sums or a juicio ordinario for larger ones. The case is then decided on the merits, and the resulting judgment carries the force of res judicata (cosa juzgada), so it settles the matter definitively. Opposing is therefore the right move for a debtor with a genuine defence, and a poor one for a debtor who simply cannot pay a debt they do owe, because it adds cost and delay without changing the outcome.

Where the monitorio sits

The monitorio is one rung on a ladder. A creditor often sends a formal demand first, frequently by burofax so the demand is provable, and turns to the monitorio if it is ignored; a successful monitorio, or a judgment after opposition, then leads to enforcement against the debtor's assets or wages. For the wider picture, including the second-chance route for a debtor who genuinely cannot pay, see the debt and credit overview.

This page is general legal information about Spanish civil procedure and does not constitute legal advice in an individual case. The controlling text is the current version of the Ley de Enjuiciamiento Civil in the BOE.

Frequently Asked Questions

What is a proceso monitorio?

It is a fast court procedure under LEC arts. 812-818 to claim a documented monetary debt of any amount. The court requires the debtor to pay within 20 working days or to file opposition. If the debtor does nothing, the creditor can move straight to enforcement; if the debtor opposes, the claim becomes an ordinary trial.

Do I need a lawyer to file a monitorio?

No. The initial petition (petición inicial) does not require a lawyer (abogado) or procurador, which is what makes the monitorio accessible to small creditors and individuals. You identify the parties, the amount and the basis of the debt and attach the supporting documents. Legal representation may become advisable later if the debtor opposes and the case goes to trial.

What happens if I ignore a monitorio?

Ignoring it is the worst option. Under LEC art. 816, if you neither pay nor oppose within the 20 working days, the court ends the monitorio and the creditor can proceed directly to enforcement against your assets or income. Silence does not cancel the debt; it accelerates its collection. If you have a genuine defence, you must file opposition within the 20 días.

Is there a maximum amount for a monitorio?

No. The quantitative ceiling that used to limit the monitorio was removed in 2011, so it can now be used to claim a documented debt of any amount, from a small invoice to a large commercial sum.