What the course covers
The starting point is the due date. Article 4 of Ley 3/2004 (Late Payment in Commercial Transactions Act, BOE-A-2004-21830) sets payment at 30 days absent agreement and allows 60 days by express agreement, with nothing beyond that. Article 41 of the LCTTM (Ley 15/2009, Land Carriage of Goods Act, BOE-A-2009-18004) governs the carriage price and who owes it. Articles 5 and 7 of Ley 3/2004 make late payment interest run automatically from the due date, with no demand required: 10.40 per cent for the second half of 2026. Article 8 adds a flat EUR 40 in recovery costs.
Non-payment also carries a regulatory consequence. Since Ley 13/2021, paying late is a very serious infringement where the carriage price exceeds EUR 3,000 (article 140.40 of the LOTT, Ley 16/1987, Land Transport Act, BOE-A-1987-17803) and a serious one below that figure (article 141.26).
A settlement attempt now precedes litigation. Since 3 April 2025, article 5 of Ley Orgánica 1/2025 requires evidence of a MASC (an appropriate dispute resolution method) as a condition of admissibility, and the monitorio procedure is not carved out.
The recovery routes are then worked side by side. The monitorio, an order-for-payment procedure under articles 812 to 818 of the Ley de Enjuiciamiento Civil (Civil Procedure Act), with no ceiling on the amount claimed. Juicio verbal up to EUR 15,000 and juicio ordinario above it. The Junta Arbitral del Transporte (transport arbitration board), where submission is presumed up to EUR 15,000 unless one party stated otherwise in writing before the carriage (article 38.1 LOTT). And the actual carrier's direct action against the principal shipper under the sixth additional provision of Ley 9/2013, as construed in Supreme Court judgment 882/2025 of 3 June (ECLI:ES:TS:2025:2717).
Who it is for
Credit and collections managers at haulage companies. Finance and invoicing teams at fleets and logistics operators. Freight forwarders who pay actual carriers and invoice the shipper. In-house counsel choosing between the monitorio and the arbitration board. Owner-managers of small haulage firms running their own ledger.
Why it matters
A 90-day payment clause is void as to everything over 60 days (article 4, Ley 3/2004). On EUR 50,000 outstanding, interest at 10.40 per cent accrues EUR 5,200 a year, plus the EUR 40 under article 8. The claim is time-barred after one year (article 79 LCTTM). Filing without evidence of the article 5 settlement attempt exposes the claim to rejection at the admission stage.
Programme
- Due dates and payment terms: 30 days by default, 60 days as the contractual ceiling
- Automatic late payment interest and the EUR 40 recovery cost (articles 5, 7 and 8, Ley 3/2004)
- Late payment as an infringement: articles 140.40 and 141.26 LOTT after Ley 13/2021
- The mandatory settlement attempt under article 5 of Ley Orgánica 1/2025
- Monitorio (articles 812-818 LEC), juicio verbal and juicio ordinario by value
- Arbitration board up to EUR 15,000 and the actual carrier's direct action
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