How to start a civil claim in Spain, step by step

Terms used

• MASC — The MASC is a required prior attempt to settle a dispute, such as negotiation or mediation, before suing.
• Procurador — The procurador is the court representative who files documents and receives notices for you in court.
• Juicio verbal — The juicio verbal is the simpler civil procedure, used for smaller claims and certain matters.
• Juicio ordinario — The juicio ordinario is the full civil procedure, used for larger or more complex claims.
• Monitorio — The monitorio is a fast procedure for collecting clearly owed money debts.
• LexNET — LexNET is the electronic system through which lawyers and procuradores file with courts and receive notices.
• Juzgado de paz — The juzgado de paz is a small-town court handling only minor civil matters and the civil registry.
• Sumisión expresa — The sumisión expresa is a contract clause choosing which court will hear disputes.

Key rules

• Prior settlement attempt: Keep written proof that you invited the other party to settle, or that they ignored or refused you.
• Small claims: You can sue alone in a juicio verbal for up to 2,000 euros.
• Lawyer and procurador: Above that, you need both in most cases, and they handle electronic filing for you.
• Court area: Claims usually go where the defendant lives, with exceptions for property, inheritance, consumers and harm caused.
• Value: The claim's value decides the procedure, not the court.

The short version

To sue in Spain you do four things, in this order: try to settle first and keep proof, pick the right court, hire a lawyer and a procurador (unless your claim is small), and file the claim electronically through them.

Step 1: Try to settle first

Since 3 April 2025, most civil and commercial claims need a prior attempt to settle, called a MASC. Without proof of it, the court rejects your claim as inadmissible. You can correct this and file again.

Any of these counts as a valid attempt:

• Negotiation between the parties, directly or through lawyers.
• Mediation.
• Conciliation before a notary, a registrar or the court's letrado.
• An opinion from an independent, neutral expert.
• A binding offer.

Invite the other party in writing and keep a record of the result. If they never answer or refuse to take part, that is enough, but you need proof: your sent invitation and anything showing the silence or refusal. A refusal can also count against them when the court decides who pays costs.

Some matters are excluded, including urgent measures, fundamental-rights claims, the monitorio and other special procedures, matters involving minors or support, cases against public administrations, and insolvency. Cases where mediation is already mandatory have their own route. Ask your lawyer whether your claim is excluded.

Step 2: Choose the right court

First-instance civil claims go to the civil section of the Tribunal de Instancia in the relevant partido judicial. Commercial matters (insolvency, competition, intellectual property, company law, transport, general conditions) go to the mercantil section, found in provincial capitals. Family matters go to the family section. The new sections are being phased in, so check which one operates in your area.

Which area's court you use depends on the forum rules:

• The general rule is the defendant's home, or the registered office for a company. If they have no home in Spain, it is their residence or where they can be found.
• For property rights and rentals of real estate, it is where the property is.
• For inheritance, it is where the inheritance is opened.
• For consumer claims, it is the consumer's own home.
• For claims for damage caused, it is where the harm happened.

A clause in a contract choosing a court (sumisión expresa) is valid between businesses. It does not bind consumers, adhesion contracts or matters where the forum is mandatory.

The small-town juzgado de paz is not the place for a contested claim. It handles only minor civil matters, with a limit of about 90 euros.

Step 3: Pick the procedure

The value of your claim decides the procedure, juicio verbal or juicio ordinario, not the court. Appeals go to the Audiencia Provincial.

Step 4: Get a lawyer and procurador

A lawyer and a procurador (who handles filings with the court) are mandatory in the juicio ordinario and in most verbal cases. Exceptions:

• A juicio verbal claim of up to 2,000 euros needs neither.
• A monitorio for up to 5,000 euros needs neither.
• Some urgent acts, such as asking for provisional measures before the claim, need neither.

Appeals and enforcement above 2,400 euros need both.

Step 5: File electronically

Lawyers, procuradores, companies and other legal entities must file through LexNET, the court e-filing system. If you are represented, they file and receive court notices for you. If you sue alone where no lawyer is needed, you can file on paper or choose electronic filing through the court's electronic office with a digital certificate. The electronic obligation has been widening, so ask the court which route it expects.

The documents, checklist, warnings and FAQ below cover what to prepare and what to avoid.

Documents you need

• Proof of your attempt to settle first: the invitation sent to the other party and a record of the result, such as a mediation or conciliation record, an expert opinion or a binding offer.

• If the other party never answered or refused to take part, proof of that, such as your sent invitation and the lack of reply or the written refusal. Attach it to your claim.

• A digital certificate, only if you file electronically yourself through the court's electronic office instead of through a lawyer and procurador.

Checklist

• Check whether your claim is one of the matters that does not need a prior settlement attempt, such as urgent measures, the monitorio procedure, claims involving minors or support, or cases against public administrations.

• Invite the other party in writing to negotiate, mediate or settle, directly or through lawyers.

• Keep the proof of the invitation and its result, or proof that the other party did not answer or refused.

• Hire a lawyer and a procurador (the court representative who handles filings), unless your claim is up to 2,000 euros.

• Ask your lawyer and procurador to file the claim electronically, since they file and receive court notices online.

• If you file alone in a case where no lawyer is needed, choose between paper filing and electronic filing with a digital certificate.

What to watch out for

• Claim rejected without proof of a settlement attempt: If your claim does not include proof that you tried to settle first, the court rejects it as inadmissible. You can correct it, but you lose time. If the other party refused to take part, that can also affect who pays the costs. Gather the invitation and its result, or proof of no answer or refusal, before filing. If the claim is sent back, add the proof and file again.

• Filing in the wrong court area: A clause in a consumer or standard-form contract that names a court is not valid, and a claim filed in the wrong area can be sent elsewhere. File where the defendant lives or has its registered office, unless a special rule applies, such as the property's location for leases or your own home for consumer claims.

Frequently asked questions

Which court do I file a civil claim in?

Most civil claims go to the civil section of the Tribunal de Instancia in the judicial district, which replaced the old first-instance courts. Business matters such as insolvency, competition, company law and transport go to the commercial section, which sits in provincial capitals.

Can I sue in the small-town court (juzgado de paz) near me?

No, a juzgado de paz in a small town only handles minor civil matters, with a limit of about 90 euros for claims. In practice it does not hear contested cases. File in the civil section of the Tribunal de Instancia instead.

Which area's court hears a claim about a rented flat or an inheritance?

A claim about a lease or other rights over real estate goes to the court where the property is. An inheritance claim goes to the court of the place of the inheritance.