Court notices and being sued

It is for people who are considering, planning or carrying out a move to Spain. After reading, you will know what the paper is, how long you have, and what to do next.

Start with "You received a Spanish court notice. What is it and what now?" It helps you identify the type of notice and take the first step. From there, move to the page that matches your paper: the deadline-counting page, the payment order page, or the page on being sued in a civil court.

Evictions, disputes with your community of owners, defaulter lists and tax notices are not covered here.

Key rules

• Counting days: Only working days count for court deadlines, so Saturdays, Sundays, holidays and, in most civil matters, August are not counted.
• Answer deadline: In an ordinary civil claim you have 20 working days to answer, and in a verbal civil claim you have 10 working days, counted from the day after service.
• Payment order deadline: You have 20 working days from the day after the payment order is served to pay or file your opposition.
• Act at once: Many court deadlines are short and cannot be extended, so contact a lawyer the day the notice arrives.
• Wording decides: The word on the notice (notificación, emplazamiento, citación or requerimiento) tells you whether to answer, attend or comply.
• Start day: Day one is the day after you are served, never the day you receive the notice.

Court notices and being sued: the whole process, step by step

From first notice to enforcement

• Check the notice is genuine and identify its type (read: You received a Spanish court notice. What is it and what now?): The day you receive it

• Note the date and how it arrived, keep the envelope and proof of delivery, and contact a lawyer: Straight away, because many deadlines are short

• If money is short, apply for free legal aid at the local bar association (colegio de abogados), which can pause deadlines: As soon as you are served, before the deadline to answer

• Work out your last day: the count starts the day after the notice, and weekends, holidays and in most civil matters August do not count (read: How court deadlines are counted in Spain): Right after you receive the notice

• If the notice was electronic, check it was really delivered and learn how edict notice works (read: How courts and authorities notify you, and how to spot fake notices): Unopened court notices to professionals count as served after 3 working days

• Answer a civil claim through a lawyer and procurador (read: You have been sued in a Spanish civil court): 20 working days for an ordinary claim, 10 working days for a verbal claim, counted from the day after service

• Pay or oppose a payment order (read: You received a payment order (monitorio)): Within 20 working days from the day after it is served

• If you do nothing on a civil claim, the case goes ahead without you; you can still appeal or, within limits, ask to undo the judgment: After the answer deadline passes

• If a payment order is ignored, the creditor can open enforcement and seize accounts, wages and property (read: A court ordered you to pay: what can be seized): After the 20 working days end

• Challenge a seizure: appeal the decree within 5 working days or oppose the enforcement within 10 working days: From notice of the order

• Handle translated papers: the filer supplies a translation, and you can challenge it (read: Language help in Spanish proceedings): Challenge within 5 days of the translation being filed

Documents you may need

Payments and receipts

• The envelope or the acknowledgment of receipt — You received a Spanish court notice. What is it and what now?

Translations and legal papers

• A translation of any foreign-language document you file — Language help in Spanish proceedings: interpreters and translated papers
• A sworn translation by a traductor-intérprete jurado — Language help in Spanish proceedings: interpreters and translated papers
• A translation of a document in a co-official language — Language help in Spanish proceedings: interpreters and translated papers

Other documents

• The court notice itself — You received a Spanish court notice. What is it and what now?
• A copy of the whole notice and every document that came with it — You received a Spanish court notice. What is it and what now?
• Poder — What happens to your case if you leave Spain

Court notices and being sued: questions that cross several articles

Does my deadline start on the day I get the notice?

No, the deadline starts on the day after the notice, and only working days count. Saturdays, Sundays and holidays are skipped, and so is August in most civil matters. Read How court deadlines are counted in Spain (business days and August) for the full count.

Can I get more time if I need a lawyer first?

Usually no, because legal deadlines in civil cases cannot be extended, though a document can be filed until 15:00 on the next working day. Applying for free legal aid can pause the deadline until a lawyer is appointed. Read How court deadlines are counted in Spain and You have been sued in a Spanish civil court.

What if I never opened an electronic court notice?

A court notice you did not open can still count as served after 3 working days if you are a professional or obliged to receive electronic notices. The deadline then starts the day after. Read How courts and authorities notify you, and how to spot fake notices.

Is every court notice the same kind of deadline?

No, a notice that summons you to answer a claim, one that summons you to a hearing and one that orders you to pay all have different effects. Read You received a Spanish court notice. What is it and what now? to tell them apart, then the article for your case.