Enforcing US Judgments in Spain: Recognition, Strategy, and Reality
You won a final US money judgment against a Spanish defendant with assets in Spain. Now you want to get paid.
Here is the reality: a US judgment does not enforce itself in Spain. To collect in Spain, you generally need a Spanish court to recognize the US judgment through a court proceeding called exequatur. Only after recognition can you use Spain’s enforcement tools to attach assets.
This is not about legal theory. It is about whether enforcement is commercially viable, what the debtor will do to resist, and when a discounted settlement makes more sense than funding a multi-stage process in Spain.
Recognition vs. enforcement: critical differences
Recognition is the step where a Spanish court gives legal effect to the US judgment in Spain and authorizes enforcement in Spain.
Enforcement is the collection phase after recognition, using Spanish procedures to attach bank accounts, seize assets, and pursue payment.
Most enforcement plans fail because creditors budget for collection and then discover the debtor has turned recognition into the main battlefield.
Stop before you start: red flags that make enforcement uneconomic
Before you spend money on Spanish counsel, translations, and filings, identify the issues that most often shrink what you can collect or inflate cost and delay.
First, finality and enforceability. If appeals are pending, enforcement is stayed, or the judgment is not final in a practical sense, recognition may be delayed or denied. If you cannot show the judgment is final and enforceable in the United States, you are not ready to file in Spain.
Second, service and notice. A common line of attack in Spain is that the defendant did not receive proper notice or did not have a fair opportunity to defend. This is especially important in default judgments. If your service record is weak, expect the debtor to exploit it.
Third, jurisdictional vulnerability. If the US forum looks disconnected from the dispute, or if the matter touches areas Spain treats as exclusively within Spanish jurisdiction, the debtor has a clearer path to resistance. Even when recognition is possible, the fight becomes longer and more expensive.
Fourth, punitive or penal-looking components. Spanish courts may refuse recognition if enforcing the judgment would violate Spanish public policy. Spain can also recognize part of a judgment and refuse another part, which means your enforceable number may be lower than the face amount. Plan your economics around the portion most likely to be recognized and enforced.
Fifth, no credible asset plan. Recognition without assets is a slow way to lose money. Spain does not permit the broad, party-driven discovery common in US post-judgment practice. If you cannot explain what you are going to attach, where, and why you believe it exists, you are starting from a weak position.
A quick rule: if the debtor will contest recognition and you lack solid asset intelligence, smaller judgments rarely justify the cost.
Spain’s legal framework: the basics
For US judgments, Spain generally relies on its domestic framework for recognition of foreign decisions in civil and commercial matters, then applies Spain’s civil procedure enforcement rules once recognition is granted. EU streamlined recognition rules that work for EU judgments do not apply to US judgments. This is why US judgment enforcement in Spain is a court proceeding, not a filing.
Common debtor defenses and delay tactics
Debtors do not have unlimited defenses. In practice, they use a handful of predictable moves.
They attack notice and defense rights, especially in defaults, by turning service details into a procedural war.
They press public policy arguments aimed at the parts of the judgment that feel punitive, penal, or fundamentally inconsistent with Spanish legal principles.
They challenge the jurisdictional posture of the US case, arguing the US court’s connection to the dispute was too thin or improper in the circumstances.
They create leverage through timing and friction, pointing to parallel proceedings or prior decisions to complicate recognition.
The goal is not always to win. The goal is to make you spend long enough that the economics flip.
The Spain exequatur process: what to expect
Exequatur is a court proceeding, and you should expect to use Spanish counsel. The court will also expect a clean documentary record.
In broad terms, you are building a package that usually includes a properly authenticated copy of the judgment, proof it is final and enforceable, proof of service and notice (especially if the US case ended in default), and Spanish translations prepared to the required standard. This is where timelines and budgets often expand. Apostille and translation work cost money and take time, and they are not optional.
After filing, the debtor has an opportunity to oppose. If opposition is filed, the matter becomes contested. Contested recognition proceedings are where delays multiply and where debtors often achieve their goal of making enforcement uneconomic.
Even in straightforward cases, think in months, not weeks. In contested cases, the timeline can extend much longer, especially if appeals are pursued.
Interim measures: protecting assets while the case moves
If you have credible asset intelligence and a credible risk of dissipation, think early about whether interim measures are available and worth pursuing under Spanish standards and procedure.
Debtors settle when they believe you will act fast. They fight when they think assets can move before you arrive.
Asset discovery in Spain: what to expect
Spain is not designed for broad, party-driven discovery. Asset work typically combines two tracks.
First, intelligence you can gather before enforcement through public or semi-public sources and registry-based research. Start with real estate and corporate interests – they leave public trails.
Second, once enforcement is opened, Spanish procedure can allow court-driven information requests aimed at identifying assets, often through specific registries, public bodies, and institutions. This can help, but it is not a substitute for preparation. You do better when you can name likely targets and likely asset channels rather than hoping the system finds everything for you.
Cost-benefit analysis: the decision you should make before you file
Cross-border enforcement fails most often on economics, not on law. The debtor understands this and will often try to win by making you spend.
Model this honestly: your likely collectible amount in Spain, minus recognition costs, minus enforcement costs, discounted for time and risk. Then compare that number to what you could likely settle for now using the judgment as leverage.
If your net recovery after costs and risk is only marginally better than a discounted settlement, do not confuse possible with practical.
Real-world scenario: $450K judgment with Madrid assets
You have a $450,000 judgment against a Spanish company that owns a 60 percent interest in a warehouse near Madrid worth around $600,000 and maintains accounts at a specific Spanish bank. The debtor claims your US service was defective and threatens to fight recognition.
In that scenario, prioritize service quality and documentation, build your asset narrative before filing, and evaluate whether interim measures could realistically reduce asset-flight risk. Then run the numbers against a settlement range you would accept today. If the debtor delays you for a year and forces contested proceedings, the settlement offer you rejected may become the best recovery you can get.
When it can make sense to sue in Spain from the start
Sometimes the best enforcement plan is not to enforce a US judgment at all.
If the debtor’s assets and operations are primarily in Spain, if the dispute is deeply connected to Spain, and if the debtor has little meaningful US presence, litigating in Spain from day one can be more direct because it avoids the recognition step.
The tradeoff is obvious. You may give up US discovery leverage and some US procedural advantages. The right answer depends on what you need to prove, what evidence you need, and where the assets actually are. The key is to make that decision at the contract and forum stage, not after you have already spent the money to win in the United States.
Settlement is often the best outcome, not a consolation prize
A US judgment can be powerful leverage even before recognition in Spain. It is a final liability determination. It creates pressure. It raises risk for a debtor that does business internationally.
In many cases, the best move is to use that leverage early, before you fund a long recognition fight, and offer a structured discount that reflects what the debtor saves in cost, time, and disruption by paying now.
A fast, certain recovery at a discount is often better than a larger theoretical recovery after years of additional litigation spend.
The Harris Sliwoski approach
Harris Sliwoski’s Spain law team works with judgment creditors who want a plan built around commercial reality: where the assets are, what recognition is likely to require, what defenses the debtor will deploy, whether interim measures are realistic, and what settlement range makes business sense.
For clients with judgments against Spanish defendants, we coordinate with our Spanish counsel for Spain-side proceedings, help clients assemble the record that recognition cases tend to turn on, and focus early on the most important question: what is the most efficient path to getting paid.
FAQ: Enforcing US Judgments in Spain
Can a US judgment be enforced in Spain?
Yes, but not automatically. In most cases you must first obtain recognition in Spain through a court proceeding called exequatur, then pursue enforcement under Spanish procedure after recognition.
How long does the process take?
It depends on whether the debtor contests recognition and whether appeals are pursued. For planning purposes, uncontested recognition is often measured in months, while contested cases can take substantially longer. Enforcement after recognition can add additional time depending on the assets and the debtor’s resistance.
What are the most common defenses?
Debtors most commonly focus on service and notice issues, public policy arguments aimed at specific parts of the judgment, and jurisdictional challenges tied to the connection between the dispute and the US forum.
Can a Spanish court re-try the merits of the US case?
The recognition process is not designed to re-litigate the underlying dispute. The focus is whether the judgment meets recognition requirements and whether recognized refusal grounds apply.
Can I seek interim measures to prevent asset dissipation?
Yes, if you can show a credible risk of asset dissipation and meet Spanish standards for interim relief. Assess this early with Spanish counsel if you have solid asset intelligence.
Is settlement often the better move?
Often, yes. Settlement can avoid a long and expensive recognition process and can produce a better net recovery once you account for delay, risk, and additional spend.
