When a business refuses the complaint form or ignores you

Terms used

• Hoja de reclamaciones — The hoja de reclamaciones is the official complaint form that businesses selling to the public must give you on request.
• Policía Local — The Policía Local is the town's local police force.
• Burofax — A burofax is a postal service that proves the content and delivery of your letter.
• OMIC — The OMIC is the municipal consumer information office run by your town hall.
• Junta Arbitral de Consumo — The Junta Arbitral de Consumo is a public consumer arbitration body that settles disputes with businesses that have joined it.
• MASC — MASC is the out-of-court settlement attempt now required before most civil court claims.
• Juicio verbal — The juicio verbal is a simplified court procedure for smaller civil claims.

Key rules

• Refusal: If a business won't give you the complaint form, the local police can record the refusal.
• Proof of delivery: Send your written claim by burofax or certified email so you can prove it arrived.
• Regulated sectors: Banks, insurers and telecoms have their own complaint routes, so do not use a general office for them.
• Before court: Try an out-of-court settlement first, as most civil claims now require it.

Start by recording the refusal

A business that sells to the public must give you the complaint form (hoja de reclamaciones) when you ask. If it refuses, call the local police (Policía Local). They normally attend and write the refusal in a report. The refusal is itself an infringement, and the business can be fined for it.

Before you leave, gather your receipts, contract, emails and photos. Write a short note of what was said and when. Without a record of the refusal, you lose your best proof.

Put your claim in writing

Send a written claim to the business's customer service by burofax or certified email. Either gives you proof that it was delivered. Larger businesses must offer a customer service channel and reply within a set period, about one month. Wait for that reply before you move on.

Go to the consumer office

If there is no answer, or the reply doesn't solve the problem, file a complaint with your municipal consumer office (OMIC) or your regional consumer authority. You can do this even if you never got the form. State that the business refused it. Attach the form copy if you have one, or your written claim and proof of delivery.

Some sectors have their own route, and a general office is the wrong place for them:

• Banks: use the bank's own complaints service first, then the Banco de España.
• Insurance and pensions: the DGSFP.
• Telecoms: the telecom user office.

Try mediation or arbitration

If the business has joined the consumer arbitration system (Junta Arbitral de Consumo), you can ask for arbitration there. Otherwise, use an alternative dispute resolution body (ADR). Your consumer office can tell you which options apply to your case.

Court is the last step

For claims up to 6,000 euros you can use the juicio verbal, a simplified court procedure. Below 2,000 euros you generally don't need a lawyer. Since April 2025 you must first try an out-of-court settlement (MASC) before most civil claims. Keep proof of that attempt, or the court may reject your case.

The timeline, documents list and FAQ below cover the order and the paperwork.

Timeline and deadlines

• Gather your receipts, contract, emails and photos, and note the refusal: as soon as the business refuses

• Call the local police (Policía Local) to record the refusal: at the moment the business refuses the form

• Send a written claim to customer service by burofax or certified email: right after the refusal

• File a complaint with your municipal or regional consumer office: if there is no answer or the reply does not satisfy you

• Try mediation or consumer arbitration, or an alternative dispute resolution body: after the consumer office step, if the business has adhered to arbitration

• Try an out-of-court settlement, then go to court: last resort, once the settlement attempt has failed

Documents you need

• Receipts or proof of payment for what you bought

• The contract, if you signed one

• Emails and messages with the business, plus photos of the problem

• A written note of the refusal, or the police record of it

• Your written claim to the business's customer service, sent by burofax or certified email so you have proof of delivery

• A copy of the complaint form, if you got one, to attach to your consumer office complaint

What to watch out for

• Leaving without a record of the refusal: If the business refuses the form and you simply walk away, you have nothing to show the refusal happened. Call the local police or Guardia Civil so they record the refusal in a report, and note the date, time and who refused.

• Complaining without proof of delivery: A claim sent in a way you cannot prove makes it easy for the business to say it never received it. Send your written claim by burofax or certified email and keep the receipt.

• Going to a general office for a regulated sector: Bank, insurance and telecom problems have their own route, and going to the wrong office wastes time. Use the company's own service first, then the Banco de España for banks, the DGSFP for insurance and pensions, or the telecom user office.

• Skipping the settlement attempt before court: Since April 2025 most civil claims require a prior attempt at an out-of-court settlement, so going straight to court can get your claim stopped. Try mediation or arbitration first and keep proof of the attempt.

Frequently asked questions

Can I complain to the consumer office if the business never gives me the form?

Yes, you can file the complaint directly with the consumer authority and state that the business refused the form. The refusal is itself an infringement that can be sanctioned. Attach your receipts, contract and any messages you have.

How long does a business have to reply to my written claim?

Larger businesses must offer a customer service channel and reply within a set period, about one month. Send your claim by burofax or certified email so you can prove it was delivered. If there is no reply after that, go to your consumer office.

Where do I go if the problem is with my bank or insurer?

Regulated sectors have their own route after the company's own service. Bank claims go to the Banco de España, and insurance and pensions go to the DGSFP, the insurance and pensions regulator.

Do I need a lawyer to take the business to court?

Generally no, if your claim is below 2,000 euros. The juicio verbal, a simple court procedure, covers claims up to 6,000 euros.