DiagnosisStep 1
Collection process map
We review every stage: letters, calls, messages, visits, payment agreements, debtor files and court proceedings.
From the first notice to the order for payment procedure.
Debt Collection Regulation in Spain for Agencies and Creditors
In Spain there is no specific law on debt collection agencies: the limits come from data protection, consumer law and unfair competition rules. We review your collection process, your messages and calls, reporting to credit information systems (debtor files) and your contracts with creditors, so you can collect without penalties or complaints.
Do you manage debt collection?
Tell us whether you are a debt collection agency, a lender or a creditor, and how you contact debtors, and we will tell you what to review and what it costs.
- Reply within 24 h
- No commitment
- Confidential
- Specific law on debt collection agencies
- None
- Minimum debt for a debtor file
- €50
- Maximum time in a debtor file
- 5 years
- Credit servicer law
- Lapsed
What we do
A debt collection process that collects and avoids penalties
Most debt collection problems lie not in the debt, but in how it is claimed: who is called, what is said and what data is used.
DataStep 2
Data protection
Legal basis for processing, information to the debtor, contacts with third parties and processing agreements with the debt collection agency.
GDPR and LOPDGDD.
FilesStep 3
Debtor files
We check the requirements before reporting a debt: certain, due, enforceable, undisputed, with prior demand and of €50 or more.
Art. 20 and Additional Provision 6 LOPDGDD.
ScriptsStep 4
Scripts and communications
We review scripts, templates and contact frequency to avoid harassment, coercion or undue influence.
Art. 8 Unfair Competition Act.
ContractsStep 5
Contracts with creditors
We draft or review the servicing or collection management contract and the data processing agreement.
Servicing contract.
TrainingStep 6
Training and complaints
We train your collectors and prepare the response to consumer complaints and to the Spanish Data Protection Agency (AEPD).
Penalty prevention.
Scenarios
Who asks us to review their debt collection and why
These are the most common cases.
Agency
A debt collection agency working for several creditors
It needs clear contracts with each creditor, consistent scripts and control over what its collectors do.
Lender
A lender or a BNPL provider with many small defaults
The volume calls for automated notices and debtor file reporting, and that is where errors tend to appear.
Buyer
A fund that buys debt portfolios
With the servicer law lapsed, the buyer remains answerable for how the credits it acquires are collected.
Complaint
A company with an open complaint or proceeding
A complaint to the consumer authority or the AEPD usually reveals a process failure that should be fixed before it happens again.
What the law says
Debt collection in figures
Data from the LOPDGDD, the Unfair Competition Act and the Congress of Deputies.
Art. 20.1.b LOPDGDD
Certain debt
Only certain, due and enforceable debts, not disputed by the debtor before a court, the administration or binding arbitration, may be reported to a file.
Art. 20.1.c LOPDGDD
Prior notice
The creditor must inform the debtor, in the contract or when demanding payment, that they may be included in a file.
Art. 20.1.c LOPDGDD
30 days
The file notifies the inclusion and keeps the data blocked for the following 30 days.
Art. 20.1.d LOPDGDD
5 years
Maximum retention period from the date the debt fell due, and only while the default persists.
DA 6 LOPDGDD
€50
Debts whose principal is below €50 are not added to the files.
Congress, 121/000049
Lapsed
The bill on credit servicers and credit purchasers lapsed with the dissolution of the Cortes on October 6, 2026.
Shall we review your debt collection process?
We analyze how you contact debtors and how you use debtor files, and deliver a plan with what to change.
Frequently asked questions
Debt collection regulation: frequently asked questions
Is there a law regulating debt collection agencies in Spain?
There is no specific law. As the Comunidad de Madrid (Madrid regional government) points out in its consumer guide, the limits are set by the Civil Code, consumer protection rules and data protection rules, among others. The Bill on credit servicers and credit purchasers, which regulated servicers, is recorded in the Congress as lapsed since October 6, 2026.
Can I report a debtor to a debtor file?
Yes, if the requirements of Art. 20 of the LOPDGDD are met: a certain, due and enforceable debt, not disputed by the debtor before a court, the administration or binding arbitration; prior notice in the contract or when demanding payment; and a maximum retention of five years. In addition, debts with a principal below €50 are not added (Additional Provision 6).
Who is liable if the entry in the file is wrong?
The creditor and the entity that maintains the file are joint controllers of the processing, and it is for the creditor to ensure that the debt meets the requirements, answering for its non-existence or inaccuracy (Art. 20.2 of the LOPDGDD).
Which collection practices are prohibited?
The Unfair Competition Act considers unfair any practice that impairs the recipient's freedom through harassment, coercion or undue influence, taking into account the time, place, persistence and threatening or insulting language (Art. 8). Insistent calls, threats or pressure on third parties fall within this scope.
Can I contact the debtor's relatives or employer?
Great care is needed: disclosing the debt to third parties is data processing that requires a legal basis and may also be a form of undue pressure. We review your scripts so that contact is limited to the debtor and to what is necessary.
What changes with the lapse of the servicer law?
The Directive (EU) 2021/2167 remains untransposed in Spain and there is no authorization regime for servicers by the Bank of Spain. The new Government will have to submit it again. We follow it at credit servicers.
How much does it cost to review my debt collection process?
It depends on volume, the channels you use and whether there are open complaints. After the diagnosis we give you a fixed quote for the review and, if you wish, for training and follow-up.
Practical guide
How we review your debt collection process
We review the process from start to finish, not just the documents.
Decides
Which debts are claimed, when and within what limits.
Executes
Contacts, payment agreements and communication with the files.
We review
Data, scripts, contracts and response to complaints.
Your lawful debt collection in 10 steps
- We map the collection process from the first default to court proceedings.
- We review the information given to the debtor in the contract and in the payment demand.
- We check the legal basis for each data processing activity.
- We review the processing agreement between the creditor and the debt collection agency.
- We review scripts, templates, schedules and contact frequency.
- We verify the requirements before reporting a debt to a file.
- We set how disputed or contested debts are handled.
- We train collectors on what they can and cannot say.
- We prepare the response to consumer complaints and to the AEPD.
- We carry out periodic follow-up with samples of calls and files.
Source: LOPDGDD (Art. 20 and Additional Provision 6), Unfair Competition Act (Art. 8) and the Congress record of initiative 121/000049.
Working glossary
Key concepts of debt collection
Terms from the LOPDGDD, the Unfair Competition Act and Directive (EU) 2021/2167.
CollectionActivity
Debt collection
Management of the collection of unpaid debts on behalf of the creditor or the debt purchaser.
No specific law.
FileData
Credit information system
Common file of unpaid debts, such as debtor files.
Art. 20 LOPDGDD.
DemandNotice
Payment demand
Claim addressed to the debtor, which must warn of possible inclusion in a file.
Art. 20.1.c LOPDGDD.
AggressivePractice
Aggressive practice
Harassment, coercion or undue influence that impairs the recipient's freedom.
Art. 8 Unfair Competition Act.
ServicerRole
Credit servicer
Whoever manages credits on behalf of their holder; the Spanish law on them has lapsed.
Directive (EU) 2021/2167.
ProcessorData
Data processor
The debt collection agency that processes the debtor's data on behalf of the creditor.
Art. 28 GDPR.
Playbook
What you can do and what is best avoided
First notice
Correct: A clear payment demand, stating the debt and the file warning.
To avoid: Claiming without documenting the debt.
Calls
Correct: Contact with the debtor, at reasonable hours and in a neutral tone.
To avoid: Insistent calls, threats or insulting language.
Third parties
Correct: Limit contact to the debtor.
To avoid: Telling relatives, neighbors or the employer about the debt.
Debtor file
Correct: Report only certain, due, enforceable debts of €50 or more.
To avoid: Including disputed debts or debts without prior demand.
Payment agreement
Correct: Written payment plan and update of the file.
To avoid: Keeping the debt in the file once it has been paid.
Common mistakes in debt collection
These generate the most complaints and penalties.
- Reporting to the file a debt that the debtor has disputed before a court or in arbitration.
- Not warning of possible inclusion in the file.
- Letting each collector improvise what is said on the phone.
- Contacting third parties to pressure the debtor.
- Working without a data processing agreement with the creditor.
Contact
Book a call
Tell us how you manage debt collection and whether you have open complaints, and we will prepare a diagnosis and a tailored quote.
Which rules apply to debt collection in Spain
Updated November 4, 2026
Debt collection has no law of its own in Spain. As the Comunidad de Madrid (Madrid regional government) points out in its consumer guide, the Civil Code, consumer protection rules and data protection rules, among others, set the limits.
Debtor files
The LOPDGDD presumes it lawful to report defaults to common credit information systems if the debt is certain, due and enforceable and not disputed by the debtor, if the debtor was warned in the contract or when payment was demanded, and for a maximum of five years (Art. 20). The file notifies the inclusion and blocks the data for 30 days, and debts with a principal below €50 are not included (Additional Provision 6). The creditor answers for the debt meeting the requirements (Art. 20.2).
How to claim a debt
The Unfair Competition Act considers unfair the practices that impair the recipient's freedom through harassment, coercion or undue influence (Art. 8). It is the reference for reviewing scripts, call frequency and contacts with third parties.
Servicers and portfolios
Directive (EU) 2021/2167 on credit servicers and credit purchasers remains untransposed: the Spanish bill (121/000049) lapsed on October 6, 2026. We explain it in credit servicers, credit purchasers and servicing contracts. If you sell or buy portfolios, see NPL portfolio sales and purchases.
Legislation and official sources
Organic Law 3/2018 (LOPDGDD), Art. 20 and Additional Provision 6 (BOE)
↗
Law 3/1991 on Unfair Competition, Art. 8 (BOE)
↗
Comunidad de Madrid: debt collection agencies, know your rights
↗
Congress: Bill on credit servicers and credit purchasers (121/000049)
↗
Directive (EU) 2021/2167 on credit servicers and credit purchasers (EUR-Lex)
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