Late Payment Law in Spain

What you're legally owed

When a B2B invoice goes unpaid in Spain, the governing statute is Ley 3/2004 de medidas de lucha contra la morosidad (transposing EU Directive 2011/7). It gives freelancers and small suppliers automatic rights to statutory interest and a flat compensation fee on every overdue invoice — no contract clause required.

Statutory interest

ECB refinancing rate + 8 percentage points (B2B)

~10.65% per year in early 2026

Flat compensation fee

€40

indemnización por costes de cobro

Default payment term

30 days from delivery/service; max 60 days B2B, non-waivable

Public sector max

30 days

These amounts accrue automatically from the day after the invoice due date. You do not need a contract clause to invoke them — the statute creates the right directly. A contract can set a higher rate, but not a lower one.

How to enforce it in Spain

The primary enforcement path for freelancers in Spain is the Proceso monitorio.

Available for any amount of undisputed debt. No lawyer required for claims under €2,000. File at the Juzgado de Primera Instancia with a simple form. If the debtor doesn't object within 20 days, you get an immediately enforceable order.

Small claims limit: €6,000 (juicio verbal, no lawyer required).

Official portal: www.administraciondejusticia.gob.es

What to do this week

1. Add a late-fee clause citing Ley 3/2004 to your contract template. Use the freelance contract template as a starting point.
2. Add one line to your invoice footer: “Late payments accrue interest under Ley 3/2004 at ECB refinancing rate + 8 percentage points (B2B), plus a €40 indemnización por costes de cobro.”
3. When an invoice goes overdue, use the free late-fee calculator to get the exact amount owed, then send a formal demand letter citing the statute. The demand letter guide walks through exactly what to include and what to leave out.
4. If the letter's deadline passes, run the escalation playbook — or file directly via the Proceso monitorio, which is designed to be used without a lawyer for undisputed debts.

One thing most freelancers don't know

Spain's proceso monitorio has no upper limit — you can file for millions of euros using the same streamlined form designed for small debts, as long as the debt is undisputed and documented.