For freelancers, small businesses and individuals owed money in Spain

Debt claim letter in Spain with a pre-litigation negotiation offer (MASC)

Since April 2025, Spanish civil courts do not admit a claim for money unless the claimant has first tried to negotiate. This letter puts a formal demand for payment and a concrete settlement proposal in a single delivery, and the certificate proves what was sent, when, and when it was received.

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Spanish template: Reclamación de deuda con propuesta de negociación previa (MASC)

What this letter is

Organic Law 1/2025 introduced a mandatory step before most civil claims: you must show the court that you tried an out-of-court solution first (article 5). These methods are known in Spain as MASC (medios adecuados de solución de controversias). One accepted way is to send the other party a written settlement proposal.

The letter also works as a classic demand for payment: it puts the debtor in default from the date of receipt (article 1100 of the Civil Code) and interrupts the limitation period (article 1973 of the Civil Code).

To prove the attempt, you need evidence of the content, the date of sending, the date of receipt and access to the full text (article 10.2). That is what the certificate issued by Lleida.net records.

When to use it

Unpaid invoices between businesses or freelancers (autónomos), before a claim or a payment order (monitorio)
Loans or debts between individuals you want to recover without going to court
Rent or similar amounts owed when you are not seeking eviction
Any civil or commercial money claim subject to the negotiation requirement of Organic Law 1/2025
When you want to offer instalments or a discount and keep proof that you did

What information you need

The guided form asks for the following. Field labels in the form are in Spanish (shown in italics): write names, amounts and dates as they should appear in the letter, and any free text in Spanish. You will also need the recipient's email address.

City where the letter is issuedCiudad de emisión
Date of the letter, written out in full (e.g. 14 de septiembre de 2026)Fecha de emisión
Your reference (e.g. invoice number or file number)Referencia del expediente
Creditor's name or company name (the sender)Nombre o razón social del acreedor (quien reclama)
Creditor's DNI, NIE or CIFDNI / NIE / CIF del acreedor
Creditor's addressDomicilio del acreedor
Creditor's email for the debtor's replyEmail del acreedor para recibir la respuesta
Debtor's name or company nameNombre o razón social del deudor
Debtor's DNI, NIE or CIFDNI / NIE / CIF del deudor
Debtor's address or emailDomicilio o email del deudor
Document the debt comes from (e.g. invoice no. and date)Documento que origina la deuda
What the debt is forConcepto de la deuda
Principal amount owed (€)Importe principal adeudado (€)
Date the payment was dueFecha de vencimiento del pago
Late-payment interest: statutory, commercial (Law 3/2004), contractual or noneIntereses de demora
Payment period in calendar days (usually 10)Plazo para el pago (días naturales)
How to pay (e.g. bank transfer to your IBAN)Forma de pago
Your concrete settlement proposalPropuesta concreta de solución
Name and, if applicable, position of the person signingNombre y, en su caso, cargo de quien firma

What the letter says

Summary in English. The letter you send is in Spanish.

Facts: Identifies the document the debt comes from, what it is for, the principal amount and the due date, and the late-payment interest you choose to claim.
Demand for payment: Formally demands payment within the period you set, by the payment method you give. It puts the debtor in default under article 1100 of the Civil Code.
Settlement proposal (articles 5 and 10 of Organic Law 1/2025): Sets out your concrete proposal (for example full payment without interest, instalments or a discount) and the email where the debtor can reply. The debtor has 30 calendar days to accept, propose an alternative or get in touch; after that, the negotiation is considered ended without agreement and you can go to court.
Confidentiality and warning: Reminds the debtor that the negotiation is confidential (article 9) and warns that, without payment or agreement, you will file a claim for the principal, interest and costs, and ask the court to take into account their refusal to negotiate when deciding on costs.
Effects: States that the letter interrupts the limitation period and is sent by a means that proves content, sending, receipt and access, as article 10.2 requires.

Before you send it

Make the proposal concrete: amounts, dates and conditions. A vague offer to talk may not be enough.
Use the commercial late-payment interest (Law 3/2004) only between businesses or freelancers.
Keep the certificate: it is the document you will attach to the claim to prove the negotiation attempt.
If the debt is rent and you want to evict, use the unpaid rent template instead.

Legal basis

Articles 5, 7, 9 and 10 of Organic Law 1/2025 of 2 January on measures for the efficiency of the Public Justice Service; articles 1100, 1108 and 1973 of the Spanish Civil Code; Law 3/2004 on late payment in commercial transactions.

Template for guidance only. We recommend review by a lawyer before sending. Probalex does not provide legal advice.

Frequently asked questions

Is this negotiation step really mandatory?

For most civil and commercial money claims, yes: since 3 April 2025 the court will not admit the claim without proof of a prior attempt to negotiate (article 5 of Organic Law 1/2025). There are exceptions, so check your case with a lawyer.

What if the debtor ignores the letter?

If 30 calendar days pass from receipt without a written reply or a meeting, the negotiation is considered ended without agreement (article 10.4) and you can file the claim with the certificate as proof of the attempt.

Can I use it if the debtor is outside Spain?

The template is written for claims under Spanish law against someone you would sue in Spain. For debtors abroad, other rules may apply: ask a lawyer first.