Debt recovery in 2026: MASC and payment-order proceedings

To recover a debt, it is not enough to know that it exists: one must prove who owes what, for which concept, and from when the debt is due. Contracts, invoices, deliveries, transfers, and communications form the basis of the claim.

Pre-requisite Negotiation and MASC

Since 2025, Organic Law 1/2025 establishes a general requirement for prior negotiation in many civil and commercial lawsuits. The appropriate medium can take various forms, but there must be identity between the negotiated object and the litigation, and sufficient evidence of the attempt to negotiate must be preserved.

When Can the payment-order proceedings Be Used

The payment-order proceedings allows for the recovery of liquid, certain, due, and enforceable monetary debts supported by documents. If the debtor does not pay or oppose, execution can be opened. If opposition is filed, the controversy will continue through the appropriate legal channel.

Interest, Costs, and Solvency

The claim must calculate the principal, agreed or statutory interest, and partial payments. Before litigation, it is advisable to assess solvency and the real chances of recovery: a favorable resolution does not guarantee the availability of assets for seizure.

Avoid Prescription of Action

The limitation period depends on the origin and date of the debt. A correctly formulated demand can have effects on prescription, but an informal or inadequately documented communication may be insufficient. Therefore, the chronology must be reviewed before negotiations take place.

In amount claims, we organize evidence, fulfill the negotiation requirement, and choose the most efficient legal route.

References: Civil Procedure Law and Organic Law 1/2025.

This content is for information purposes only and does not constitute tailored legal advice.