Is it worth going to court in Spain over your dispute?

Terms used

• Monitorio — The monitorio is a fast payment-order claim for undisputed debts, decided quickly if the debtor does not oppose it.
• Juicio verbal — The juicio verbal is a shorter civil case, used for smaller claims.
• Juicio ordinario — The juicio ordinario is the full civil case, used for larger or more complex claims.
• Procurador — The procurador is the court representative who files documents for you, alongside your lawyer.
• Costas — Costas are the court costs, mainly lawyer and procurador fees, that the losing side may have to pay.
• Segunda oportunidad — The segunda oportunidad is a process that lets insolvent individuals have their debts cancelled.

Key rules

• Winning is not payment: A judgment only gives you the right to seize assets, and if the debtor has none you may collect nothing.
• Costs: The loser normally pays costs, and a refusal to try settling can raise your bill even if you win.
• 2,000 euros: Whether you need a lawyer and procurador depends on whether the claim is over 2,000 euros.
• Legal aid: Low-income residents can apply to the local bar association for a free lawyer.

The short answer

Go to court only if the amount at stake clearly beats the delay, the cost and the chance that the other side cannot pay. For many smaller disputes, a settlement or dropping the claim is the better result. Winning a judgment and getting your money are two different things.

How long it takes

Timing varies a lot by court and region, and big cities are slower. Use these as rough guides:

• A payment order (monitorio) can be settled in a few weeks to a few months if the debtor does not oppose it.
• A short case (juicio verbal) commonly takes 6 to 12 months.
• A full case (juicio ordinario) commonly takes 12 to 24 months.
• An appeal adds more time.

Court reforms may change these figures. Ask a local lawyer how long your type of case is taking in your court.

What it costs

You need a lawyer (abogado) and a court representative (procurador) in a full case. You also need them in a short case over 2,000 euros. You do not need them for a payment order or a short case up to 2,000 euros. Lawyer fees are agreed freely, so get a written quote that covers both professionals. Procurador fees follow a regulated tariff. Private individuals do not pay court fees.

The loser normally pays the other side's costs (costas). If you lose, you may pay your own costs and the other side's. The lawyer fees you can recover from the other side are capped at about one third of the claim value. A court can waive costs where there were serious doubts about the facts or the law. Compare your possible losses with what you could win.

Can you actually collect?

A judgment must be enforced. You ask the court to seize the debtor's assets, in this order: money, bank accounts, wages, then other assets and property. The court can search for assets through banks, the tax agency, Social Security and the registries. Some things cannot be seized, such as the minimum wage, basic household goods and tools needed for work. Pay above the minimum wage can be seized on a sliding scale.

If nothing is found, the file is shelved. You can restart it if assets appear within 5 years. If the debtor is insolvent, they may be able to have their debts cancelled (segunda oportunidad), and you may collect little or nothing. Before suing, ask yourself whether the other side has a job, accounts or property in Spain.

Settling first

Trying to settle (an alternative dispute resolution attempt, called MASC) is now expected before you sue. A side that refuses to take part without good reason, or acts in bad faith, can be ordered to pay costs. This can happen even if that side wins. Keep a written record of your offers and of the other side's replies. The court has discretion, so the result depends on the facts.

If money is tight

If your household income is low, you may get a free lawyer and procurador, plus fee exemptions. Spanish citizens, EU nationals and legal residents can apply. Some people without legal residence qualify in certain cases, such as asylum or domestic violence. Apply to the legal aid service of your area's bar association (Colegio de Abogados), with proof of income. A decision normally comes within about 30 days. The aid can be withdrawn if you later become able to pay.

Deciding

• Settle if the other side will pay a reasonable part soon.
• Sue if the sum is large, your proof is strong and the other side has assets you can reach.
• Drop the claim if the cost and risk are close to the amount, or if the other side has nothing to seize.

The decision, timeline, checklist and warnings below help you work through this.

Choosing between options

Should you sue, settle or drop the claim?

• Settle: The other side is willing to talk and you want to avoid months of delay and the risk of paying costs.

• Sue: Settlement has failed, the claim is worth more than the lawyer and procurador fees plus the costs risk, and the other side has assets you could collect from.

• Drop the claim: The sum is small, the other side has no traceable assets, or the likely costs outweigh what you could recover.

Sue only if what you could realistically collect is clearly more than your fees and the costs you would pay if you lose; otherwise settle or drop it.

Timeline and deadlines

• Payment-order claim (monitorio) when the debtor does not oppose: a few weeks to a few months

• Short civil case (juicio verbal) decided at first instance: around 6 to 12 months

• Full civil case (juicio ordinario) decided at first instance: around 12 to 24 months, slower in big cities

• Appeal against the first decision: adds further time on top of the first-instance case

• Free legal aid decision, if you applied: normally within about 30 days of applying

Court times vary widely by court and region; check typical times with a local lawyer.

Checklist

• Ask a local lawyer how long your type of case takes in your court: a payment order, a short case or a full case.

• Ask for a written fee quote that covers the lawyer and the procurador.

• Check whether your claim is over 2,000 euros, because that decides whether you must hire a lawyer and procurador.

• Work out what you would pay in costs (costas) if you lose, and compare it with what you could win.

What to watch out for

• Winning does not mean getting paid: If the other side has no traceable assets, you can win and collect nothing. The file is then suspended, and some pay and basic goods cannot be seized. Before suing, ask your lawyer whether the other side has bank accounts, wages or property that could be seized.

• Refusing to settle can cost you: If you refuse to take part in the settlement attempt without good reason, or act in bad faith, the court can order you to pay costs even if you win. Answer any settlement proposal and keep a record of your reply.

• The other side's silence helps you: If the other side ignores or refuses a real settlement attempt, that can count against them when costs are decided. Keep proof that you made a genuine proposal.

Frequently asked questions

Do I need a lawyer to sue in Spain?

Yes, you need a lawyer (abogado) and a procurador (court representative) in ordinary proceedings and in verbal proceedings over 2,000 euros. You do not need either for a payment-order claim (monitorio) up to 2,000 euros.

Can I get a free lawyer if I cannot afford court?

Yes, if your household income is low enough, you can get a free lawyer and procurador through free legal aid (justicia gratuita). Spanish citizens, EU nationals and foreigners legally resident in Spain qualify.

What happens if I win but the other side has no money?

If the court finds no assets, the enforcement file is suspended and you collect nothing for now.

Can I win and still pay court costs?

Yes, you can win and still be ordered to pay costs (costas) if you acted in bad faith or refused to take part in the settlement attempt without good reason. The court decides this case by case. Costs may also be waived where the facts or law were seriously doubtful.