Enforcing a USA Court Judgment in Spain

To enforce a USA court judgment in Spain, you must first obtain recognition through Spain's exequatur procedure before any assets can be seized or obligations compelled. Spain and the United States have no bilateral treaty on the mutual recognition of civil judgments, which means Spanish courts apply domestic rules and general principles of international private law to decide whether a foreign judgment meets the threshold for enforcement. The process is manageable but requires careful preparation, correct documentation, and an understanding of the grounds on which Spanish courts can refuse recognition. This guide explains the legal framework, the step-by-step procedure, realistic timelines, cost levels, common defences raised by judgment debtors, and the practical strategies that improve your chances of a successful outcome.

The absence of a bilateral treaty between the United States and Spain is the single most important structural fact for any creditor seeking to enforce a USA court judgment in Spain. Within the European Union, member states benefit from Regulation (EU) No 1215/2012 (Brussels I Recast), which provides near-automatic circulation of judgments among EU courts. That regulation does not apply to judgments from third countries such as the United States.

Spain's domestic framework for recognising foreign judgments is found in Law 29/2015 on International Legal Cooperation in Civil Matters (Ley de Cooperación Jurídica Internacional en Materia Civil). This statute, which replaced the outdated provisions of the 1881 Civil Procedure Act, sets out the conditions under which a foreign judgment may be recognised and subsequently enforced. It applies to all judgments from non-EU countries, including those from US federal and state courts.

The practical consequence is that a creditor holding a judgment from a court in New York, California, Texas or any other US jurisdiction must go through a two-stage process in Spain: first, recognition (exequatur), and second, execution. Only after a Spanish court formally recognises the foreign judgment does it acquire the same force as a domestic Spanish judgment and become enforceable against assets located in Spain.

A common mistake made by foreign creditors is assuming that a final, unappealable US judgment will be recognised almost automatically. In practice, Spanish courts conduct a substantive review of the conditions set out in Law 29/2015, and a well-advised debtor can raise procedural or substantive objections that delay or block enforcement.

Law 29/2015 establishes a set of conditions that a foreign judgment must satisfy before a Spanish court will grant exequatur. These conditions are not merely formal; they reflect Spain's public policy interests and its procedural standards.

The judgment must be final and enforceable in the country of origin. A US judgment that is still subject to appeal or that has been stayed pending appeal will not satisfy this requirement. The creditor must obtain a certificate of finality from the originating US court before filing in Spain.

The originating court must have had proper jurisdiction over the matter. Spanish courts will examine whether the US court had a legitimate basis for exercising jurisdiction over the defendant. If the defendant was a Spanish resident or domiciliary and the US court asserted jurisdiction on grounds that Spanish law would not recognise as sufficient, this can be a ground for refusal.

The defendant must have been properly served and given a genuine opportunity to defend the case. This is one of the most frequently litigated conditions. If the defendant was served in a manner that did not comply with Spanish or international standards, or if the defendant was not given adequate time to respond, the Spanish court may refuse recognition on due process grounds.

The judgment must not conflict with a prior Spanish judgment or a prior foreign judgment that has already been recognised in Spain on the same subject matter between the same parties.

Finally, and critically, the judgment must not violate Spanish public policy (orden público). This is a broad and somewhat unpredictable ground. Spanish courts have used it to refuse recognition of US punitive damages awards, since Spanish law does not recognise punitive damages as a concept. A judgment that includes a punitive component may be partially recognised - with the compensatory element enforced and the punitive element refused - or refused in its entirety if the two components cannot be separated.

In practice, founders and creditors should consider obtaining a legal opinion on the public policy risk before investing in the exequatur process, particularly if the US judgment includes non-compensatory elements.

The exequatur procedure in Spain is conducted before the First Instance Courts (Juzgados de Primera Instancia) with territorial jurisdiction over the place where the debtor is domiciled or where the assets to be enforced are located. If the debtor has no domicile in Spain, the creditor may choose the court of the place where enforcement is sought.

Filing the exequatur application

The creditor files a written application (demanda de exequatur) accompanied by the required documents. The application must identify the parties, describe the foreign judgment, explain why the conditions for recognition are met, and request that the court declare the judgment enforceable in Spain. The application is filed by a Spanish lawyer (abogado) and a Spanish court representative (procurador), both of whom are mandatory for this type of proceeding.

The documents that must accompany the application include:

• A certified copy of the US judgment, authenticated for use in Spain.
• An apostille issued under the Hague Convention of 1961, confirming the authenticity of the US court's seal and signature.
• A sworn translation of the judgment into Spanish, prepared by a certified translator.
• Evidence that the judgment is final and enforceable in the United States, typically a certificate issued by the clerk of the originating court.
• Evidence of proper service on the defendant in the original US proceedings.

A non-obvious requirement is that the apostille must be affixed to the certified copy of the judgment itself, not to a separate cover letter. Many creditors submit documents with the apostille attached to a transmittal letter, which Spanish courts reject as insufficient.

Service on the debtor and the Public Prosecutor

Once the application is admitted, the Spanish court serves it on the judgment debtor, who has an opportunity to oppose recognition. The court also notifies the Public Prosecutor (Ministerio Fiscal), who has a statutory role in exequatur proceedings under Law 29/2015 and may submit observations independently of the parties.

The debtor's opposition is the main source of delay in the process. A debtor who is motivated to resist enforcement will typically raise every available ground under Law 29/2015, requiring the creditor to file a detailed reply. In practice, this phase can extend the proceedings by several months.

The court's decision

After the parties and the Public Prosecutor have submitted their positions, the court issues a resolution (auto) either granting or refusing exequatur. If exequatur is granted, the judgment is declared enforceable in Spain and the creditor may proceed to the execution phase. If exequatur is refused, the creditor may appeal to the Provincial Court (Audiencia Provincial).

The execution phase follows the standard Spanish civil enforcement procedure under the Civil Procedure Act (Ley de Enjuiciamiento Civil). The creditor files an enforcement application (demanda ejecutiva) before the same court, and the court may order attachment of bank accounts, real estate, receivables, and other assets.

Interim protective measures

A creditor who fears that the debtor will dissipate assets during the exequatur proceedings may apply for precautionary measures (medidas cautelares) under Law 29/2015. The court can order asset freezes before the exequatur is granted, provided the creditor demonstrates urgency and a prima facie case for recognition. This is a powerful tool that is underused by foreign creditors unfamiliar with Spanish procedure.

If you are considering enforcement action against a debtor with assets in Spain, contact info@vlolawfirm.com at the earliest stage. We can help structure the setup correctly the first time, including assessing whether interim measures are appropriate before the debtor moves assets.

The total time from filing the exequatur application to completing execution against assets in Spain varies considerably depending on the complexity of the case, the debtor's willingness to oppose, and the workload of the court.

An uncontested exequatur - where the debtor does not file opposition - typically takes between four and eight months from filing to the court's decision. This assumes that the documentation is complete and correctly apostilled at the outset, and that the court's docket is not heavily backlogged.

A contested exequatur, where the debtor raises substantive objections, typically takes between twelve and twenty-four months at first instance. If the creditor or debtor appeals to the Provincial Court, a further twelve to eighteen months should be anticipated. In exceptional cases involving complex public policy arguments, proceedings have extended beyond three years.

The execution phase, once exequatur is granted, follows a separate timeline. Attaching and realising assets - particularly real estate - can take an additional twelve to thirty-six months depending on the nature of the assets and whether the debtor contests the execution.

Many creditors underestimate the total elapsed time and the importance of asset tracing before filing. A judgment that cannot be enforced against identifiable assets is of limited practical value, regardless of how strong the legal case for recognition may be. Conducting asset searches in Spain's Land Registry (Registro de la Propiedad) and the Mercantile Registry (Registro Mercantil) before or simultaneously with filing the exequatur application is a standard part of a well-planned enforcement strategy.

The cost of enforcing a USA court judgment in Spain falls into several categories, and the total outlay can be substantial relative to the judgment amount.

Translation and authentication costs are incurred before filing. A sworn Spanish translation of a lengthy US judgment can cost several thousand euros, depending on the volume of text. The apostille itself is a low-cost administrative step in the United States, but obtaining certified copies from US courts and coordinating the authentication chain adds time and modest fees.

Legal fees in Spain are the largest cost component. The creditor must engage both an abogado and a procurador. For a straightforward exequatur, professional fees typically start from the low thousands of euros. For a contested exequatur with appeals, fees can reach the mid-to-high tens of thousands of euros. Fees are generally charged on a time-and-materials basis, though some firms offer fixed-fee arrangements for the initial filing phase.

Court fees (tasas judiciales) apply to the exequatur and execution proceedings. These are calculated as a percentage of the judgment amount, subject to caps and exemptions. Natural persons are exempt from court fees in Spain; legal entities are not. The fees are moderate relative to the judgment amount in most cases but should be budgeted.

Asset tracing and investigation costs are often overlooked. Locating and verifying assets in Spain before or during enforcement requires searches of public registries and, in some cases, engagement of local investigators. These costs are modest but real.

Enforcement costs in the execution phase include further legal fees, court fees for the execution application, and costs associated with the attachment and sale of assets. If real estate is involved, notarial and registry fees for the transfer of title add to the total.

A practical scenario: a US company holds a judgment for a mid-six-figure sum against a Spanish distributor that has ceased trading but retains real estate in Spain. The total cost of exequatur and execution, including translation, legal fees, and court fees, might represent five to fifteen percent of the judgment amount, depending on the level of opposition and the duration of proceedings. For smaller judgments, the cost-benefit analysis may not support enforcement, and alternative strategies such as negotiated settlement should be considered.

A second practical scenario: an individual creditor holds a US default judgment against a Spanish national who was served by publication in the United States. This scenario presents a high risk of refusal on due process grounds, since Spanish courts scrutinise service by publication carefully. The creditor should obtain a detailed legal opinion before investing in the exequatur process.

Understanding the defences available to a Spanish judgment debtor is essential for any creditor planning enforcement. A well-advised debtor will use every available ground to delay or defeat recognition.

Jurisdictional challenge is the most common defence. The debtor argues that the US court lacked jurisdiction under the standards applied by Spanish law. This is particularly effective where the US court asserted jurisdiction based on minimum contacts or long-arm statutes that have no equivalent in Spanish procedural law.

Due process challenge focuses on the adequacy of service and the opportunity to be heard. If the debtor can show that service in the US proceedings did not comply with the Hague Service Convention or that the defendant was not given adequate notice, the Spanish court may refuse recognition.

Public policy defence is the broadest and most unpredictable ground. As noted above, punitive damages are the most common target. But Spanish courts have also applied the public policy exception to judgments that awarded interest at rates considered usurious under Spanish law, or that enforced contractual terms that would be void under Spanish consumer protection legislation.

Irreconcilable judgment defence applies where the debtor can show that a Spanish court or another recognised foreign court has already decided the same dispute between the same parties in a manner inconsistent with the US judgment.

Fraud defence is available where the debtor can demonstrate that the US judgment was obtained by fraud on the court, for example through fabricated evidence or perjured testimony.

In practice, debtors often raise multiple defences simultaneously, requiring the creditor to address each one in turn. A creditor who has anticipated these defences and prepared responses in advance will be better positioned to obtain a swift and favourable decision.

What happens if the US judgment includes punitive damages?

Spanish courts do not recognise punitive damages as a legal concept, and a judgment that includes a punitive component is at risk of partial or total refusal on public policy grounds. In practice, Spanish courts will attempt to separate the compensatory and punitive elements of the judgment. If the compensatory element can be identified and quantified independently, the court may grant exequatur for that portion and refuse it for the punitive portion. If the two elements are inseparable, the entire judgment may be refused. Before filing, the creditor should obtain a legal analysis of how the judgment is structured and whether the compensatory element can be presented as a standalone figure. In some cases, it may be worth returning to the US court to obtain a clarifying order that separates the two components before filing in Spain.

How long does the full process typically take, and what should I budget?

For an uncontested case with complete documentation, the exequatur alone takes roughly four to eight months. A contested case at first instance takes twelve to twenty-four months, with a further twelve to eighteen months if appealed. Execution against assets adds additional time, particularly for real estate. In terms of cost, professional fees for a straightforward contested exequatur typically start from the low thousands of euros and can reach the mid-to-high tens of thousands for complex or prolonged proceedings. Translation and authentication add several thousand euros upfront. Court fees for legal entities are calculated on the judgment amount. Creditors should budget for the full range and assess whether the judgment amount justifies the investment before proceeding.

Is it possible to enforce a US default judgment in Spain?

Yes, but default judgments face heightened scrutiny on due process grounds. Spanish courts will examine whether the defendant was properly served in the US proceedings and whether the defendant had a genuine opportunity to appear and defend. Service by publication, which is permitted in some US jurisdictions, is particularly problematic and is frequently challenged. Service under the Hague Service Convention, with proper documentation of the service process, gives the creditor the strongest position. If the default judgment was entered after service by publication or by a method that does not meet Spanish standards, the creditor should obtain a detailed legal opinion before investing in the exequatur process. In some cases, it may be more efficient to pursue the debtor through Spanish courts directly if there is an independent basis for jurisdiction.

Enforcing a USA court judgment in Spain is a structured but demanding process. The absence of a bilateral treaty means that every case goes through the exequatur procedure under Law 29/2015, with full judicial scrutiny of jurisdiction, due process, and public policy. Creditors who prepare their documentation carefully, anticipate debtor defences, and conduct asset searches in parallel with the legal proceedings are significantly better positioned than those who approach enforcement as a formality.

VLO Law Firm advises international clients on judgment enforcement in Spain and cross-border recovery matters. We can assist with exequatur applications, document preparation, asset tracing, precautionary measures, and execution proceedings. To request a consultation, contact: info@vlolawfirm.com