EXPLAINED: How can I sue someone in Spain?
When is it possible to take someone to court in Spain and what does the process involve? How much does it cost to get a lawyer? Here's a breakdown of what you need to understand about lawsuits in Spain.
Spain doesn’t quite have the same suing culture that there is in the United States for example, but lawsuits do exist.
A lawsuit, known as a demanda, pleito or litigio in Spain, is a way of settling disputes in court without involving the police.
Definition
So, what is a lawsuit? It’s a term you hear a lot but might not actually know what it means.
To take the dictionary definition, a lawsuit is: "a problem taken to a law court by an ordinary person or an organisation rather than the police in order to obtain a legal decision."
It is, in other words, the settlement of a "disagreement between people or organisations that is brought to a court of law."
Lawsuits are usually filed when, as a result of the dispute, the aggrieved party is seeking compensation for damages, as well as the recognition of their rights.
Most often in Spain, these civil disputes arise from divorces, administrative procedures or small business disputes, and inheritances.
Suing in Spain
Lawsuits do exist in Spain, and whether you are able to sue someone in a Spanish court depends on a few different factors. There are various reasons you might want to take someone to court, and there are different types of lawsuits that we can group into three broad categories: family law, commercial disputes, and debt collection.
Let's take a look at the different types of suits, and the process for suing someone in Spain.
The process
In Spain the lawsuit process begins with the filing of an official demanda (lawsuit) which outlines the details of the alleged case, of the plaintiff (el demandante), the defendant (el demandado/acusado), and the compensation sought.
Before la demanda goes to court, the defendant is sent an official notification, and the plaintiff must make a deposit to the court which, depending on verdict of lawsuit, is refundable.
The case is then officially presented to the court and a judge will summon legal representation for both parties to attend an oral court hearing, known in Spain as the juicio oral.
It is worth noting that in Spain, lawsuits involving small claims disputes of amounts under €2,000, perhaps a landlord trying to get back some unpaid rent, for example, or a dispute between a small business and an individual, do not require legal representation and you can, if you wish, undertake the entire process yourself.
However, The Local always recommends consulting a legal professional with familiarity with the Spanish legal system.
Following the juicio oral it can take months before the judge sets a date for the trial. When that trial date does arrive, the judge has twenty days to make a decision and pass a sentence.
READ ALSO: Why doesn't Spain have juries in trials?
Precautionary measures
Because the process can be fairly lengthy in Spain, there are legal safety nets to protect the plaintiff if the defendant’s financial situation changes. In the case of a defendant going bankrupt, or being unable to pay the sum, another lawsuit can be set in motion that runs parallel to the initial claim.
This secondary suit, known as medidas cautelares, meaning protective or precautionary measures, is filed with aim of embargoing bank accounts, property and any other assets owned by the defendant.
Drafting a lawsuit
Though we recommend always consulting legal experts, there are some key details required when drafting the text of a lawsuit. These are:
- the exact address and location of the court where you are filing the lawsuit.
- the personal details of the plaintiff, including address and profession.
- the details of your legal representation, should you have any.
- the personal details of the defendant, including address and profession.
- the details of your case - you must clearly outline your case, including compensation, damages and your legal rights that have been violated.
- any evidence you have that supports your claim, with reference to the law you believe has been broken.
Different types of lawsuits
There are a multitude of reasons why you might file a lawsuit against someone, and various types of lawsuits that exist in Spain.
Some of them include:
Quantity claim (Reclamación de cantidad)
Contract termination (acción de resolución contractual)
Right of withdrawal (ejercicio del derecho de desistimiento)
Eviction lawsuit (demanda de desahucio)
READ ALSO: Okupas: What’s the law on squatting in Spain?
Broadly speaking, lawsuits in Spain can be grouped into three groups - debt, family, and commercial disputes.
Debt Collection
Debt collection lawsuits are some of the most straightforward in Spain. Put simply, if the debtor is lives in Spain, you can file a lawsuit there. You can begin the lawsuit process and claim damages for an unpaid debt if you have formally, but non-judicially, requested payment of the outstanding debt with the appropriate documentation, such as invoices or contracts.
If this doesn't resolve the dispute, you can then file a lawsuit in court.
Family Law
In the case of a divorce, lawsuits can be filed in Spain if:
- Both parties have lived in Spain for at least a year or 6 months in the case of Spanish nationals.
- At least one spouse remains in Spain after both spouses have lived there.
- The party not filing for divorce lives in Spain.
- The spouses are filing jointly and one of them lives in Spain.
- Both spouses are Spanish citizens.
For cases involving parental disputes such as the payment of child support, a lawsuit can be filed win Spain if the child in question lives in Spain or within 3 months of the child moving from Spain to another EU country. If the child has moved to a non-EU country, the lawsuit depends on the agreement Spain has with said country.
Commercial Disputes
Like with debt disputes, for commercial lawsuits the party being sued must live in Spain. Commercial lawsuits can be filed for the following:
- Contracts supposed to be completed in Spain
- A tort that occurred in Spain
- Against an insurance company if the beneficiary is in Spain
- Disputes over properties held in Spain
How much will getting a lawyer cost?
In Spain, the lawyer (abogado) is responsible the defence of the client while the solicitor (procurador) is in charge of the client's representation in terms of all the documentation and notifications.
According to Spanish consumer watchdog OCU, you need to have a lawyer and solicitor in the following circumstances:
- If the amount claimed does not exceed €2,000, a lawyer and/or solicitor is not needed.
- If the amount claimed is between €2,001 and €6,000, the claim will be processed in an oral hearing and a solicitor and lawyer are required.
- If the amount claimed exceeds €6,000 or is of an undetermined amount, the lawsuit will involve an ordinary trial for which you need a solicitor and lawyer.
Lawyers and other legal professionals are free set to their own fees, so there isn't an amount that works across the board. It also depends on the type of lawsuit, if it's a first instance procedure or an appeal, and the outcome can also determine who pays other legal fees and potential fines.
OCU reports that paying a lawyer for first instance proceedings in Spain costs on average €1,200. According to legal comparison website Zaask, the average is €1,160, but depending on the lawsuit's specific circumstances it can be as little as €250 or as high as €2,270.
A solicitor on the other hand is entitled to charge €1,540 when the amount claimed during the lawsuit is below €601,012.
* If you are considering filing a lawsuit against someone in Spain, it is recommended to consult with legal professionals who can who have expertise in the Spanish legal system, and advise you on the next steps. *
Comments
See Also
Spain doesn’t quite have the same suing culture that there is in the United States for example, but lawsuits do exist.
A lawsuit, known as a demanda, pleito or litigio in Spain, is a way of settling disputes in court without involving the police.
Definition
So, what is a lawsuit? It’s a term you hear a lot but might not actually know what it means.
To take the dictionary definition, a lawsuit is: "a problem taken to a law court by an ordinary person or an organisation rather than the police in order to obtain a legal decision."
It is, in other words, the settlement of a "disagreement between people or organisations that is brought to a court of law."
Lawsuits are usually filed when, as a result of the dispute, the aggrieved party is seeking compensation for damages, as well as the recognition of their rights.
Most often in Spain, these civil disputes arise from divorces, administrative procedures or small business disputes, and inheritances.
Suing in Spain
Lawsuits do exist in Spain, and whether you are able to sue someone in a Spanish court depends on a few different factors. There are various reasons you might want to take someone to court, and there are different types of lawsuits that we can group into three broad categories: family law, commercial disputes, and debt collection.
Let's take a look at the different types of suits, and the process for suing someone in Spain.
The process
In Spain the lawsuit process begins with the filing of an official demanda (lawsuit) which outlines the details of the alleged case, of the plaintiff (el demandante), the defendant (el demandado/acusado), and the compensation sought.
Before la demanda goes to court, the defendant is sent an official notification, and the plaintiff must make a deposit to the court which, depending on verdict of lawsuit, is refundable.
The case is then officially presented to the court and a judge will summon legal representation for both parties to attend an oral court hearing, known in Spain as the juicio oral.
It is worth noting that in Spain, lawsuits involving small claims disputes of amounts under €2,000, perhaps a landlord trying to get back some unpaid rent, for example, or a dispute between a small business and an individual, do not require legal representation and you can, if you wish, undertake the entire process yourself.
However, The Local always recommends consulting a legal professional with familiarity with the Spanish legal system.
Following the juicio oral it can take months before the judge sets a date for the trial. When that trial date does arrive, the judge has twenty days to make a decision and pass a sentence.
READ ALSO: Why doesn't Spain have juries in trials?
Precautionary measures
Because the process can be fairly lengthy in Spain, there are legal safety nets to protect the plaintiff if the defendant’s financial situation changes. In the case of a defendant going bankrupt, or being unable to pay the sum, another lawsuit can be set in motion that runs parallel to the initial claim.
This secondary suit, known as medidas cautelares, meaning protective or precautionary measures, is filed with aim of embargoing bank accounts, property and any other assets owned by the defendant.
Drafting a lawsuit
Though we recommend always consulting legal experts, there are some key details required when drafting the text of a lawsuit. These are:
- the exact address and location of the court where you are filing the lawsuit.
- the personal details of the plaintiff, including address and profession.
- the details of your legal representation, should you have any.
- the personal details of the defendant, including address and profession.
- the details of your case - you must clearly outline your case, including compensation, damages and your legal rights that have been violated.
- any evidence you have that supports your claim, with reference to the law you believe has been broken.
Different types of lawsuits
There are a multitude of reasons why you might file a lawsuit against someone, and various types of lawsuits that exist in Spain.
Some of them include:
Quantity claim (Reclamación de cantidad)
Contract termination (acción de resolución contractual)
Right of withdrawal (ejercicio del derecho de desistimiento)
Eviction lawsuit (demanda de desahucio)
READ ALSO: Okupas: What’s the law on squatting in Spain?
Broadly speaking, lawsuits in Spain can be grouped into three groups - debt, family, and commercial disputes.
Debt Collection
Debt collection lawsuits are some of the most straightforward in Spain. Put simply, if the debtor is lives in Spain, you can file a lawsuit there. You can begin the lawsuit process and claim damages for an unpaid debt if you have formally, but non-judicially, requested payment of the outstanding debt with the appropriate documentation, such as invoices or contracts.
If this doesn't resolve the dispute, you can then file a lawsuit in court.
Family Law
In the case of a divorce, lawsuits can be filed in Spain if:
- Both parties have lived in Spain for at least a year or 6 months in the case of Spanish nationals.
- At least one spouse remains in Spain after both spouses have lived there.
- The party not filing for divorce lives in Spain.
- The spouses are filing jointly and one of them lives in Spain.
- Both spouses are Spanish citizens.
For cases involving parental disputes such as the payment of child support, a lawsuit can be filed win Spain if the child in question lives in Spain or within 3 months of the child moving from Spain to another EU country. If the child has moved to a non-EU country, the lawsuit depends on the agreement Spain has with said country.
Commercial Disputes
Like with debt disputes, for commercial lawsuits the party being sued must live in Spain. Commercial lawsuits can be filed for the following:
- Contracts supposed to be completed in Spain
- A tort that occurred in Spain
- Against an insurance company if the beneficiary is in Spain
- Disputes over properties held in Spain
How much will getting a lawyer cost?
In Spain, the lawyer (abogado) is responsible the defence of the client while the solicitor (procurador) is in charge of the client's representation in terms of all the documentation and notifications.
According to Spanish consumer watchdog OCU, you need to have a lawyer and solicitor in the following circumstances:
- If the amount claimed does not exceed €2,000, a lawyer and/or solicitor is not needed.
- If the amount claimed is between €2,001 and €6,000, the claim will be processed in an oral hearing and a solicitor and lawyer are required.
- If the amount claimed exceeds €6,000 or is of an undetermined amount, the lawsuit will involve an ordinary trial for which you need a solicitor and lawyer.
Lawyers and other legal professionals are free set to their own fees, so there isn't an amount that works across the board. It also depends on the type of lawsuit, if it's a first instance procedure or an appeal, and the outcome can also determine who pays other legal fees and potential fines.
OCU reports that paying a lawyer for first instance proceedings in Spain costs on average €1,200. According to legal comparison website Zaask, the average is €1,160, but depending on the lawsuit's specific circumstances it can be as little as €250 or as high as €2,270.
A solicitor on the other hand is entitled to charge €1,540 when the amount claimed during the lawsuit is below €601,012.
* If you are considering filing a lawsuit against someone in Spain, it is recommended to consult with legal professionals who can who have expertise in the Spanish legal system, and advise you on the next steps. *
Join the conversation in our comments section below. Share your own views and experience and if you have a question or suggestion for our journalists then email us at [email protected].
Please keep comments civil, constructive and on topic – and make sure to read our terms of use before getting involved.
Please log in here to leave a comment.