What a Spanish lawsuit costs: court fees and costs (costas)

Terms used

• Tasa — The tasa is the court fee, which individuals do not pay and which only some companies pay.
• Procurador — A procurador is the court representative who files documents for you in most civil cases, separate from your lawyer.
• Costas — The costas are the legal costs of a case, which the judge can order the losing side to pay.
• Temeridad — Temeridad is reckless litigation, where a party sues or defends without good reason.
• IPREM — The IPREM is the public income index, set yearly, used as the yardstick for legal aid limits.
• Colegio de Abogados — The Colegio de Abogados is the local bar association, which publishes fee criteria and handles legal aid applications.

Key rules

• Court fee: Individuals pay no tasa; only companies that are not exempt do.
• Costs cap: Costs ordered against a losing party cannot exceed one third of the claim value, unless the court finds reckless litigation.
• Partial win: If your claim is only partly upheld, each side usually pays its own costs and half of the shared costs.
• Challenge deadline: You have 10 days to pay or challenge a costs account.
• Own lawyer: The cap does not limit what you owe your own lawyer.

The short version

Your cost has four parts: the court fee (tasa), a procurador, your own lawyer, and the other side's costs (costas) if you lose. As an individual you normally skip the first. The last one is limited by a cap.

Court fee (tasa)

Individuals do not pay the tasa at any stage. Companies that are not exempt pay it when they file a claim, a counterclaim or an appeal. Companies with turnover below a set threshold are exempt, and so is anyone entitled to free legal aid. If a company must pay, it files a self-assessment form with the Tax Agency and attaches the proof to its filing. Rates change, so check the current ones.

Procurador and lawyer

A procurador is the court representative you must hire in most civil cases. You agree the fee with them. The official scale sets only what you can recover from the other side, and it has been under review. Ask for a written quote and check the current scale with the Consejo General de Procuradores.

Your lawyer's fee is also agreed by contract. Each Colegio de Abogados publishes non-binding guideline criteria. They are used to work out how much of your fees a court would make the loser repay. That amount is often lower than what you actually paid, and it rises with the claim value. It runs from a few hundred euros for small claims to several thousand for mid-value ones. Ask your lawyer which criteria apply.

Budget for other items too: expert reports, sworn translations of foreign documents, and notary or apostille fees. Get quotes before you sue.

Who pays if you lose

In a first-instance case, the judge decides costs in the judgment.

• If your claim is completely rejected, you usually pay the other side's costs. The exception is where the judge finds serious doubts about the facts or the law and explains why.
• If your claim is completely upheld, the other side usually pays yours.
• If it is partly upheld, each side pays its own costs and half of the shared costs.
• If the judge finds reckless litigation (temeridad) by one side, that side pays.

Costs ordered against a losing party cannot exceed one third of the claim value, unless the court finds reckless litigation. For a claim with no fixed value, the ceiling is 18,000 euros per person ordered to pay. The cap limits what you must repay to the other side. It does not limit what you owe your own lawyer, so you can still be out of pocket even when you win.

Free legal aid

You qualify if your household income and resources are below a multiple of the public income index (IPREM), which is set yearly. The basic limit is twice the IPREM, and up to 2.5 times for households of four or more. Spanish citizens, EU nationals and foreigners legally resident in Spain qualify on equal terms. Foreigners without legal residence qualify in cases about their entry, stay or removal, and in asylum cases. Some people, such as victims of gender violence or trafficking, qualify whatever their income.

Apply at the Colegio de Abogados' legal guidance service or at the court. The aid commission usually decides within 15 days to a few weeks. Aid covers a duty lawyer, a procurador and fee exemptions. You may have to repay it if you win costs or later have the means.

After the judgment: collecting or paying costs

The winner sends the court an account of costs with invoices. The other side then has 10 days to pay or to challenge items as improper or excessive. If they do not pay, the winner can ask the court to enforce the award, and interest runs on the sum. Keep every invoice from the start.

Use the estimator below for a rough figure, and the checklist for the steps in order.

Choosing between options

Who pays the costs at the end of the case?

• You lose completely: The court rejects all your claims: you pay the other side's costs, unless the judge finds serious factual or legal doubts and explains them.

• You win completely: The court upholds all your claims: the other side pays your costs, unless the judge finds serious factual or legal doubts.

• You win in part: The court upholds only part of the claim: each side pays its own costs and half of the shared costs.

• One side acted recklessly: The judge finds bad faith or recklessness (temeridad): that side pays, whatever the result on the claim.

The judge applies this in the judgment: the side that loses entirely pays, a partial win means each pays its own, and recklessness changes the outcome.

Timeline and deadlines

• Apply for free legal aid at the Colegio de Abogados or the court: before you start the case

• Wait for the legal aid commission's decision: normally within 15 days to a few weeks of applying

• The judge decides who pays costs in the judgment: when the final judgment is given

• The winning side sends its costs account with invoices to the court: after a final judgment that orders costs

• The court orders payment of the costs: within 10 days

• The side ordered to pay either pays or challenges items as improper or excessive: within 10 days of receiving the costs account

• The winning side asks the court to enforce the costs award: if the costs are not paid

Documents you need

• Legal aid application form, from the Colegio de Abogados' legal guidance service (Servicio de Orientación Jurídica) or the court. You only need it if you want free legal aid.

• Proof of your household income and resources, to show you are below the legal aid limit. You only need it if you apply for legal aid.

• Sworn translation of any foreign-language document you will use as evidence, made by a sworn translator.

• Proof of payment of the court fee (tasa), filed with your claim or appeal. Only companies that are not exempt need this: individuals do not pay it.

• Invoices for your lawyer, procurador and other costs, to support your costs account if you win and the court orders the other side to pay costs.

Check the exact paperwork for legal aid with your local Colegio de Abogados, as procedures vary by region.

Checklist

• Confirm whether you pay the court fee (tasa): individuals are exempt, while companies that are not exempt pay it with each claim or appeal.

• Ask your local Colegio de Abogados whether your household income is low enough for free legal aid.

• Ask for written quotes from a lawyer and a procurador before you sue.

• Add the other costs to your budget: expert reports, sworn translations, and notary or apostille fees.

• Ask your lawyer which Colegio fee criteria apply, so you can estimate how much of the fees a court would let the loser be charged.

• Set aside money for the other side's costs in case you lose, within the legal limit explained in this article.

• Gather every invoice for your lawyer, procurador and experts if you win, and send the costs account to the court.

Lawsuit cost estimator: fees, procurador and costs if you lose

Work it out

What you enter

• Value of the claim (EUR): The amount you claim or are being claimed for in the demanda; if the value is undefined, enter 18000.
• Your lawyer's fee (EUR): The written quote or engagement letter from your lawyer.
• Your procurador's fee (EUR): The written quote from your procurador (the court representative), usually passed on by your lawyer.
• Expert reports (perito) (EUR): A quote from the expert; enter 0 if you need none.
• Sworn translations and notary or apostille costs (EUR): Quotes from a sworn translator and notary; enter 0 if you need none.
• Court fee (tasa) you must pay (EUR): Enter 0 if you are an individual or have legal aid; a company should ask its lawyer for the current fee.
• Costs a court might award the winner (EUR): Ask your lawyer for the likely amount under your local Colegio de Abogados criteria; it is often lower than the fees actually charged.

Figures used

• Costs cap: the claim value divided into this many parts, one part is the limit: 3 parts (as of 2026)

Worked example (with Value of the claim 20,000 EUR, Your lawyer's fee 3,000 EUR, Your procurador's fee 800 EUR, Expert reports (perito) 1,000 EUR, Sworn translations and notary or apostille costs 200 EUR, Court fee (tasa) you must pay 0 EUR, Costs a court might award the winner 2,500 EUR)

When the sum misleads

• If the court finds reckless litigation (temeridad) in the party ordered to pay, the one third limit does not apply and the costs order can be higher.
• The one third limit only caps what you owe the other side; it does not reduce what you owe your own lawyer.
• A partial win often means each side bears its own costs, so treat the lose and win results as the two ends of a range.
• A counterclaim or an appeal adds its own fees, and a company may owe a tasa at each step.

Frequently asked questions

Can I get a free lawyer if I am not a Spanish citizen?

Yes, EU nationals and foreigners legally resident in Spain qualify for free legal aid on the same terms as Spaniards, if household income is below the yearly limit. Foreigners without legal residence qualify in cases about entry, stay or removal, and for asylum. Victims of gender violence or trafficking and minors can get aid whatever their means.

Will I pay costs if the court only partly upholds my claim?

Usually not: if your claim is only partly upheld, each side pays its own costs and half of the shared costs. The exception is when the judge finds one side acted recklessly (temeridad), and that side then pays. This is why a partial win is the usual way to avoid a costs order.

How long do I have to pay or challenge a costs bill?

You have 10 days to pay a costs account or challenge it once it is sent to you. You can challenge items that are improper or excessive. If you neither pay nor challenge, the winning side can ask the court to enforce the costs award, and interest is added.

Can I challenge the other side's lawyer fees as excessive?

Yes, you can challenge the other side's lawyer fees as excessive when the costs are taxed, and the court may ask the Colegio de Abogados for its opinion. The recoverable amount is often lower than what the winning side actually paid its lawyer, so the bill you receive may be smaller than their real fees.