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Spain: Ley 3/2004 late payment interest on B2B invoices

Spanish B2B invoices: maximum payment terms, statutory interest and the €40 compensation under Ley 3/2004.

Spain's Ley 3/2004 (late payment in commercial transactions) caps B2B payment terms at 60 days, and gives statutory interest at the ECB rate plus 8 points and at least €40 compensation for recovery costs. For unpaid debts, the procedimiento monitorio is a quick court procedure for documented debts, with no lawyer required below certain amounts.

This is a general summary that may be out of date. Not legal advice. Verify current rules on official government or court websites.

Template

Subject: Overdue invoice [INV-123]: [amount] due [due date]

Dear [Name],

Invoice [INV-123] for [amount] for [services] was due on [due date] and remains unpaid despite my reminders of [dates].

Please pay the outstanding balance [plus interest/compensation permitted by law or our agreement: state the basis] by [date].

If payment is not received by then, I intend to [next step for this jurisdiction] without further notice.

If you dispute any part of the invoice, please tell me in writing by that date.

Regards,
[Your name]

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Tips

FAQ

What is the maximum payment term?

60 days in B2B transactions; longer terms are generally void.

Do I need a lawyer for the monitorio?

Not for lower amounts; check current thresholds.

General information and draft wording only. Not legal advice. PaidNudge is not a law firm or a debt collector. Check your contract and local rules, or ask a qualified lawyer, before relying on any late fee, interest or court step.

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