Civil claims, appeals and enforcement

It is for people who are considering, planning or carrying out a move to Spain and may need to sue someone there. After reading, you will understand how a Spanish civil case runs from filing to collecting, and what it will cost.

Divorce and custody, wills and succession, and consumer arbitration are not covered here.

Start with "How to start a civil claim in Spain, step by step". It sets out the steps, who must represent you and how filing works. From there, move to the articles on procedure type, court choice, costs and evidence as your case needs them.

Key rules

• Costs cap: Costs ordered against a losing party cannot exceed one third of the claim value, unless the court finds reckless litigation.
• Verbal procedure limit: Claims up to 6,000 euros generally follow the juicio verbal, and higher or undefined values follow the juicio ordinario.
• Appeal deposit: A civil appeal requires a deposit of 50 euros, unless you are exempt, for example through legal aid.
• Appeal deadline: You have 20 working days from the day after you are notified of a first-instance civil judgment to file an appeal.
• Enforcement window: You must file the enforcement claim within 5 years of the judgment becoming final.
• Prior settlement attempt: Keep written proof that you invited the other party to settle, or that they ignored or refused you.

Civil claims, appeals and enforcement: the whole process, step by step

• Try to settle first: negotiation, mediation or another agreed route, and keep proof of it (read: How to start a civil claim in Spain, step by step): before you file, for most civil and commercial claims

• Choose the court and the procedure (read: Which Spanish court handles your case, and how to follow it online; Verbal or ordinary civil procedure): before you file; claims up to 6,000 euros generally follow the juicio verbal, and higher or undefined values follow the juicio ordinario

• Work out costs and legal aid (read: What a Spanish lawsuit costs: court fees and costs (costas)): before you file; costs ordered against a losing party cannot exceed one third of the claim value, unless the court finds reckless litigation

• File the demand with your documents and expert reports attached (read: What evidence counts in a Spanish civil case): on filing; later documents are admitted only in limited cases

• Quick route for unpaid debts: payment order (read: Collecting an unpaid debt or invoice through a payment order): instead of a full claim; the debtor has 20 working days to pay, oppose or stay silent, and if there is no reply you can ask for enforcement

• Defendant replies in a juicio verbal; one hearing follows (read: What happens at a civil hearing and how long a case takes): the defendant has 10 days to reply, judgment follows within 10 days of the hearing, and the whole case takes some months

• Defendant replies in a juicio ordinario; preliminary hearing, then trial: the defendant has 20 working days to reply, the written judgment usually comes within 20 days of the trial, and the whole case often takes 1 to 2 years

• Appeal if you lose, with the 50 euros deposit unless exempt (read: You lost in court: can you appeal in Spain?): within 20 working days from the day after you are notified of the judgment

• Collect your costs by submitting a cost account after a final judgment that imposes costs: the other side has 10 days to pay or challenge it

• Enforce the judgment to collect the money (read: You won the case: how to collect the money in Spain): file the enforcement claim within 5 years of the judgment becoming final

• Cross-border cases: check the court and foreign judgments (read: Which country's court applies, and are foreign judgments enforced in Spain?): before you file; an EU order for payment gives the debtor 30 days to oppose

Documents you may need

Income and work

• Proof of your household income and resources — What a Spanish lawsuit costs: court fees and costs (costas)

Payments and receipts

• Invoices — What a Spanish lawsuit costs: court fees and costs (costas), Collecting an unpaid debt or invoice through a payment order
• Printed copies or screenshots of WhatsApp messages — What evidence counts in a Spanish civil case

Translations and legal papers

• A Spanish translation of every foreign document — What evidence counts in a Spanish civil case
• An apostille on each public document from a country in the Hague Apostille — What evidence counts in a Spanish civil case
• Sworn translation of any foreign-language document you will use as evidence — What a Spanish lawsuit costs: court fees and costs (costas)

Other documents

• Proof of your attempt to settle first — How to start a civil claim in Spain, step by step
• Written appeal brief — You lost in court: can you appeal in Spain?
• The official petition form — Collecting an unpaid debt or invoice through a payment order
• Copy of an EU judgment — Which country's court applies, and are foreign judgments enforced in Spain?
• Legal aid application form — What a Spanish lawsuit costs: court fees and costs (costas)

Each article lists the other documents it asks for, where you need them.

Civil claims, appeals and enforcement: questions that cross several articles

Do I have to try mediation or negotiation before suing in Spain?

Yes, for most civil and commercial claims you must first try negotiation, mediation or a similar route, and show proof of the attempt with your claim. Payment orders and some other special cases are excluded.

Do I need a lawyer and a procurador for a civil claim?

Yes, in most claims you need both a lawyer and a procurador (the professional who files on your behalf with the court). Juicio verbal claims up to 2,000 euros do not need either. Read: How to start a civil claim in Spain, step by step, and What a Spanish lawsuit costs: court fees and costs (costas).

Which court hears my claim, and does the claim value change that?

The civil section of the Tribunal de Instancia in the relevant judicial district hears most claims, and the defendant's home is the usual place to sue. The value decides the procedure, not the court. Read: Which Spanish court handles your case, and how to follow it online, then Verbal or ordinary civil procedure (juicio verbal or ordinario): what changes?

Do I pay the court fee (tasa judicial) as an individual?

No, individuals are exempt from the tasa judicial in civil cases, including appeals. Companies that are not exempt pay it when they file. Read: What a Spanish lawsuit costs: court fees and costs (costas), and You lost in court: can you appeal in Spain?