In certain commercial transactions, late payment may give rise to interest and compensation for recovery costs. Before adding these to an unpaid invoice, check whether the transaction falls within Law 3/2004 and whether the requirements for claiming them are met.
This regime should not simply be applied to consumer debts. Transactions with businesses should also be distinguished from relationships subject to specific rules, including certain contracts with the public sector.
Review the transaction and its due date
The date an invoice is issued does not by itself establish when late payment begins. The delivery or service, receipt of documentation and validly applicable payment terms must be reviewed.
The creditor's position also matters. The law links entitlement to interest to performance of the creditor's obligations and provides limits where the debtor is not responsible for the delay. Any dispute over defects or incomplete deliveries should not be ignored when preparing the claim.
How to explain an interest calculation
A useful calculation identifies the principal, start date, end date and applicable rate. If the period spans changes in the statutory rate, the rate applicable to each segment should be checked. A rate found in an old article should not be reused as though it were permanent.
Where interest has been agreed, the agreement's validity and relationship with late-payment legislation must be examined. A clause printed on an invoice does not by itself prove acceptance or establish that it can be applied in full.
The EUR 40 compensation needs context
The law provides for a fixed sum of EUR 40 for recovery costs when the relevant conditions are met. This does not mean that every document labelled an invoice automatically generates a separate compensation payment without examining the transaction.
European case law has clarified its relationship with unpaid commercial transactions evidenced by an invoice, including where they are claimed together. It is therefore useful to identify each transaction and avoid both unjustified multiplication and the loss of items that may be recoverable.
Additional costs require justification and must be assessed alongside the fixed sum and statutory rules. It is not correct to present an arbitrary “administration” fee as though the entire amount were automatically covered.
Documents for a clear claim
Prepare a list of invoices, due dates, partial payments, previous demands and an itemised calculation. If you seek additional expenses, keep supporting documents and explain their connection with the delay.
Frequently asked questions
Should I claim interest even if I want to retain the customer?
This is a decision that can be assessed commercially and legally. What matters is knowing your rights and documenting any agreement, without confusing tolerance on one occasion with a general waiver.
Can I apply this regime to an individual?
This should not be assumed. It is necessary to identify the capacity in which the parties contracted and the rules governing the particular relationship.
Our debt recovery service can review the items before they are demanded. A consultation does not presuppose that every item is recoverable or that payment is assured. This article does not provide an interest rate valid for every period.
