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Settling a dispute before courtArticle 3 of 8 · 8 min read

The burofax: what it proves and how to send one

A burofax with certified content is the standard way to prove you made a formal demand in Spain. This page explains what it proves, what it costs, how to send one, and what happens if the other person does not collect it.

Key rules

  • Certified content: Ask for a burofax with certified content, otherwise it proves little about what you sent.
  • Limitation: A provable burofax demand restarts the full limitation period from zero.
  • Strict deadlines: A burofax does not stop a caducidad deadline.
  • Address: Use the correct address, because a wrong one can make the demand invalid.
  • Not collected: A refused or uncollected burofax usually still counts if Correos certified the delivery attempt.

What a burofax does for you

A burofax is a Correos service that certifies three things: that you sent a document, what it said, and that it reached a named person. Ask for the version with certified content. It is the standard proof of a formal demand, and it carries real legal weight.

It has two main effects in civil and commercial claims:

  • It sets the clock for default. If the other side owes something with no fixed due date, your demand puts them in default from the moment you demand it. That lets you claim default interest and damages.
  • It restarts the limitation period. A provable out-of-court demand restarts the full limitation period from zero. The deadlines themselves are covered on the page that owns them.

There is one limit. A burofax does not stop a strict deadline (caducidad). Those deadlines keep running whatever you send. If your deadline is of this kind, act through the proper formal route before it ends.

What it costs

Expect a basic burofax with certificate and content copy to cost from tens of euros upward. Price depends on the length of the text and the number of pages. Online versions are often somewhat cheaper than in-office ones. Correos sets the tariff, so check the current price with Correos before you go.

How to send one

  1. Write a clear demand. Say who you are, what the right or debt is, what you want and by when. The template below gives Spanish wording.
  2. Check the address. Use the addressee's correct, current address. A wrong address can make the demand invalid.
  3. Choose where to send it.
    • At a Correos office: bring your ID and the text in two copies. Staff stamp and seal the pages, keep a copy in their archive and deliver the original.
    • Online: upload the document on the Correos website. You need a digital signature or certificate. Correos applies an electronic signature, and the same certificates are available.
  4. Keep what you receive. You get a certificate of the content and deposit when you send. After the delivery attempt, Correos issues a certificate of delivery, refusal or non-collection. The documents list below shows each one.

If the other person does not collect it

A refusal or non-collection usually does not undo your demand. Courts treat a burofax as effective once it enters the addressee's sphere of knowledge. The addressee cannot avoid its effects by ignoring it. This holds if you used the correct address and Correos certified the attempted delivery and the notice left.

If the address was wrong, or the attempt was not properly documented, the demand may not be valid. A judge weighs the evidence case by case, so keep every certificate.

Other ways to send a demand

  • Notarial demand (acta de requerimiento): a notary delivers the demand and records it as a public document. It has high proof value and is as safe as a burofax.
  • Certified letter with acknowledgement of receipt: it proves delivery but not what the letter said.
  • Email, certified e-mail services or WhatsApp: courts can accept them, but they are easier to challenge.

For proof of both content and receipt, use a burofax or a notarial demand.

Documents you need

  • Your demand text, in two copies (original and copy) if you send it at a Correos office. Correos stamps and seals the pages and keeps a copy.

  • Your ID, needed to send a burofax at a Correos office. Online, you need a digital signature or certificate instead.

  • The certificate of content and deposit, which Correos gives you when you send. It proves what you sent and when.

  • The certificate of delivery, refusal or non-collection, which Correos issues after the delivery attempt, with date, time and the recipient's details. Keep it as your proof of the demand.

  • A certified copy of the content, which Correos can issue on request if you need it later.

What to watch out for

  • A wrong address can make the demand invalid: If the address is wrong or the delivery attempt is not properly documented, the demand may not count, even if the other side never collects it. Check the addressee's name and address before you send, and keep the certificate showing the delivery attempt and the notice left.

  • A burofax without certified content proves little: Only the certificate of content shows what your letter said. Without it, the other side can dispute the wording. Ask for a burofax with certificate of content, and keep the certificates of deposit and delivery together with your copy.

  • Refusal or non-collection still needs proof: If the addressee refuses or ignores the notice, the demand is generally still effective, but only if Correos certifies the refusal or non-collection.

  • Your demand must be clear: A burofax counts as proof only if it clearly shows you intend to claim, identifies the right you are claiming and reaches the other side. State plainly what you demand and why, and name the debt or obligation.

Wording for a formal demand letter (burofax) in Spanish

How to use this wording

Fill in the brackets, delete what does not apply, and send the letter as a burofax with certified content and acknowledgment of receipt. At the post office, hand in the text with a copy. The staff stamp and seal the pages and keep a copy in their archive. You get a certificate of the content and the deposit, and later a certificate of delivery, refusal or non-collection. You can also send it online, with the same certificates. Check the current certificate options in the postal service's description of the service.

Ten days is the most common deadline. Simple debts often get 5 to 10 days, and more complex disputes such as rental deposits or contract claims often get 10 to 15. No law fixes the period, so you choose it.

Write the letter in Spanish. Keep it factual and calm, and leave out insults and threats other than court action.

Letter text

[Tu nombre completo] NIF/NIE: [número] Domicilio: [dirección completa]

A la atención de [nombre del destinatario] Domicilio: [dirección completa del destinatario]

[Lugar], a [fecha]

Asunto: Requerimiento formal de pago de [cantidad] euros

Estimado/a [nombre]:

1. Hechos. Con fecha [fecha] firmamos [contrato de arrendamiento / contrato de servicios / factura n.º ___] por [descripción breve]. Yo cumplí mi parte de la siguiente manera: [resumen de lo que hiciste o pagaste, con fechas]. Hasta hoy usted no ha [devuelto la fianza / pagado la factura / cumplido lo acordado], a pesar de mis reclamaciones anteriores de fecha [fechas, si las hay].

2. Cantidad reclamada. La cantidad que usted me adeuda es de [importe] euros, más los intereses que correspondan desde el [fecha], que a día de hoy suman [importe] euros.

3. Requerimiento. Por medio de la presente le requiero formalmente para que, en el plazo de diez días naturales desde la recepción de esta comunicación, abone la cantidad total de [importe] euros mediante transferencia a la cuenta [IBAN], a nombre de [titular], indicando como concepto [referencia].

4. Consecuencias. De no atender este requerimiento en el plazo indicado, me veré obligado/a a ejercitar las acciones judiciales oportunas, con reclamación de los intereses y la imposición de las costas del procedimiento.

5. Reserva de derechos. La presente reclamación interrumpe la prescripción. Esta comunicación se hace sin perjuicio de cualquier otro derecho o acción que me corresponda, que me reservo expresamente.

6. Disposición a negociar. Estoy dispuesto/a a intentar una solución negociada antes de acudir a los tribunales. Si desea hacerlo, puede contactarme en [teléfono / correo electrónico] dentro del mismo plazo. Esta carta y su respuesta podrán acreditar que se ha intentado un acuerdo previo.

Atentamente,

[Firma] [Tu nombre completo]

Documentos que adjunto: [contrato, facturas, justificantes de pago, reclamaciones anteriores].

Before you send it

  • Amount and dates: Use exact figures and dates. A vague claim is easy to reject.
  • Deadline: Count the days from the day the burofax is received. The delivery certificate gives you that date.
  • Optional parts: Part 6 is optional. A documented attempt at a negotiated settlement is generally required before most civil and commercial claims go to court, and this letter can serve as evidence of that attempt. Check the rules for your type of claim before you rely on it.
  • Interest: Include interest only if you can calculate it. A formal demand can also put the debtor in default and start interest running.
  • Keep everything: Keep the sealed copy, the certificate of content and the delivery certificate together. You will need all three if the case goes to court.
  • Large or complex claims: Ask a lawyer to review the letter before you send it.

Frequently asked questions

Can I send a burofax online instead of going to a Correos office?

Yes, you can send a burofax online through the Correos website, but you need a digital signature or certificate to do it.

Does a burofax still count if the other person refuses to collect it?

Yes, a refused or uncollected burofax is generally still effective, as long as you used the correct address and Correos certified the delivery attempt and the notice left. If the address was wrong or the attempt was not properly documented, the demand may not be valid. A judge decides case by case.

Does a burofax stop a strict deadline (caducidad) from running?

No, a burofax does not stop a caducidad deadline, because those strict deadlines are not interrupted by out-of-court claims. It works only for ordinary limitation periods. Check which kind of deadline applies to your claim before relying on it.

Is an email or WhatsApp message good enough to prove my demand?

No, email and WhatsApp are weaker proof, because courts can accept them but the other side can challenge them more easily. A certified email service is stronger than plain email. A burofax or a notary's formal demand is the safest way to prove both content and receipt.

What does a certified letter with acknowledgement of receipt prove?

A carta certificada con acuse de recibo proves that the letter was delivered, but not what it said. If you need to prove the content as well, use a burofax with certified content instead.

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