Verbal or ordinary civil procedure (juicio verbal or ordinario): what changes?

Terms used

• Juicio verbal — The juicio verbal is the shorter civil procedure, built around a single hearing, used for smaller claims and certain subjects.
• Juicio ordinario — The juicio ordinario is the full civil procedure with more written stages, used for higher or undefined values and certain subjects.
• Demanda — The demanda is the written claim that starts a civil case.
• Contestación — The contestación is the defendant's written reply to the demanda.
• Audiencia previa — The audiencia previa is a preliminary hearing in the ordinario to settle procedural issues, fix disputed facts and propose evidence.
• Vista — The vista is the single hearing in a juicio verbal where evidence and arguments are heard.
• Procurador — The procurador is a court representative who files documents and receives notices for you, working alongside your lawyer.
• Monitorio — The monitorio is a fast procedure for claiming unpaid money debts.

Key rules

• Value: Claims up to 6,000 euros generally follow the juicio verbal; higher or undefined values follow the juicio ordinario.
• Subject: For some subjects, such as eviction for non-payment or honour and privacy, the subject decides the procedure whatever the value.
• Lawyer: A juicio verbal claim of up to 2,000 euros needs no lawyer or procurador; the ordinario always does.
• Reply time: The defendant has 20 working days to reply in an ordinario and 10 days in a verbal.

Which procedure applies to you

Value usually decides. Claims up to 6,000 euros generally follow the juicio verbal. Higher or undefined values follow the juicio ordinario.

Subject matter can override value:

• Always verbal, whatever the value: eviction for non-payment, possession actions, and rights over property.
• Always ordinario, whatever the value: honour and privacy, intellectual property, competition, general contract terms, and company agreements.
• Consumer contracts: since the 2025 reform, certain consumer contract claims follow the verbal procedure.

So work out the value of your claim in euros first. Then check whether your subject is on one of the lists above. The checklist below walks you through this.

What changes in the stages

The ordinario is longer and has more written steps. The verbal is short and centres on one hearing.

Juicio ordinario

1. You file the demanda, your written claim.
2. The defendant has 20 working days to reply (contestación). They may add a counterclaim.
3. The audiencia previa is a hearing to settle procedural issues, fix the facts in dispute and propose evidence.
4. The trial (juicio) follows, then a written judgment, usually within 20 days.

Expect one to two years from start to judgment.

Juicio verbal

1. You file a short demanda. For small claims you can use a standard form.
2. The defendant has 10 days to reply.
3. The court sets a single vista, a hearing with evidence and arguments.
4. The judgment follows within 10 days of the hearing.

In practice this takes some months. Timing varies widely by court.

Do you need a lawyer and a procurador?

In the ordinario you need both a lawyer and a procurador, who represents you formally before the court. Most verbal cases need both too.

The exceptions:

• A juicio verbal claim of up to 2,000 euros needs neither.
• The monitorio procedure, a fast route for unpaid debts, needs neither for up to 5,000 euros.
• Some urgent acts, such as asking for provisional measures before filing the claim, need neither.

Appeals, and enforcement of amounts over 2,400 euros, need both.

What to do next

If your claim is close to a threshold, or its subject could fit either procedure, ask a lawyer or your local court's information office before filing. Choosing the wrong procedure costs time.

Choosing between options

Which procedure applies to your claim: juicio verbal or juicio ordinario?

• Juicio verbal: Your claim is up to 6,000 euros, or the subject is one the law sends to the verbal whatever the value, such as eviction for non-payment, possession actions, rights over property, or some consumer contract claims.

• Juicio ordinario: Your claim is above 6,000 euros or has no defined value, or the subject is one the law sends to the ordinario whatever the value, such as honour and privacy, intellectual property, competition, general terms or company agreements.

Check the subject first: if it is on one of the fixed lists, that decides. If not, the value decides, with 6,000 euros as the dividing line.

Timeline and deadlines

• Juicio ordinario: file the demanda (your written claim): at the start

• Juicio ordinario: the defendant replies (contestación), and may add a counterclaim: within 20 working days of being served

• Juicio ordinario: audiencia previa, a hearing to settle procedural issues, fix the facts in dispute and propose evidence: after the reply

• Juicio ordinario: total time from start to judgment: often 1 to 2 years

• Juicio verbal: file a short demanda, or a standard form for small claims: at the start

• Juicio verbal: the defendant replies: within 10 days of being served

• Juicio verbal: total time from start to judgment: some months in practice

Checklist

• Work out the value of your claim in euros, and note if it is undefined.

• Compare the value with 6,000 euros: up to that amount the juicio verbal usually applies, and higher or undefined values go to the juicio ordinario.

• Check whether your subject matter overrides the value, for example eviction for non-payment (verbal) or honour and privacy (ordinario).

• Check whether your claim is a consumer contract claim, as some now follow the verbal procedure.

• Find out whether you need a lawyer and a procurador: neither is needed for a verbal claim of up to 2,000 euros, and both are needed for the ordinario.

• Plan for the timing: the defendant has 20 working days to reply in an ordinario and 10 days in a verbal.

Frequently asked questions

Do I need a lawyer for a small claim in Spain?

No, in a juicio verbal claim of up to 2,000 euros you need neither a lawyer nor a procurador (a court representative). Above that, both are required in most verbal cases and in every juicio ordinario.

Can I go without a lawyer for an unpaid debt of up to 5,000 euros?

Yes, the monitorio procedure for debts of up to 5,000 euros needs no lawyer or procurador. It is a fast route for a clear, unpaid debt.

How long does a juicio verbal take compared with an ordinario?

A juicio verbal usually takes some months, while a juicio ordinario often takes 1 to 2 years. Timing varies widely by court, so ask the court where you file.

Does the subject of my claim matter more than the amount?

Yes, for some matters the subject decides the procedure whatever the amount is. Eviction for non-payment goes to the verbal, while honour and privacy or intellectual property go to the ordinario.