The other side will not reply: does that sink your case?

Key rules

• Silence: The other side's silence does not block your claim if you can show a genuine, documented offer.
• Proof: Attach proof of what you proposed and that it was delivered, or the record of a mediation or conciliation.
• Refused burofax: A refused or uncollected burofax can still count if it went to the correct address and Correos certified the attempt.
• Rejection: A claim rejected for missing proof can be filed again once you have made the attempt properly.

Does silence sink your case?

No. If the other side ignores your proposal, you can still file. What matters is that you can show a genuine offer, what it said and that it reached them. The rule that requires an attempt applies to claims filed after 3 April 2025.

When the attempt counts as failed

If the other side does not reply within 30 business days of receiving your proposal, the attempt counts as failed and you can file. Count from the day they received it, not the day you sent it. Filing earlier risks rejection.

What evidence works

Your claim must attach documents showing the attempt. Which ones depend on what happened:

• A proposal you sent yourself. Use a burofax, a notarial communication or a certified email. It must show the content, the date and the receipt.
• A mediation or conciliation that went ahead. Attach the final record (the acta) and, if the other side did not answer or attend, a certificate saying so.
• Negotiation between lawyers. Attach a document recording the proposal and the result, with a certificate from the lawyer.

Write the proposal so it sets out the claim, the amount and the facts. The court needs to see that the dispute you tried to settle is the one you are suing over. Send it to the other side's correct address.

If they refuse the burofax or never collect it

This usually still counts. Courts generally hold that a person cannot escape a demand by refusing to take it. For that to work, you must have used the correct address, and you need the Correos certificate of the attempted delivery and the notice left. If the address was wrong or the attempt is poorly documented, the demand may not be valid. Each judge assesses the evidence case by case.

Costs

Silence or refusal does not stop your claim being admitted. It may later count against the side that ignored you when the court decides who pays the costs.

If the court says proof is missing

The court will give you a short period to fix it, generally 10 days. Send the missing proof within that period. If you do not, the claim is rejected. A rejection for this reason does not decide the merits, so you can make the attempt properly and file again. The legal time limits for your claim remain protected while this happens. Check the exact deadlines in your case papers.

The checklist, timeline and documents list below walk you through the steps.

Choosing between options

The other side has not answered your proposal: what do you do now?

• File your claim: The other side has refused, or 30 business days have passed since it received your proposal with no reply, and you can show the proposal, its content and its delivery.

• Wait before filing: The other side has not refused and the 30 business days from receipt are not over yet.

• Send the proposal again properly: The address was wrong or you cannot prove the delivery, so the first attempt would not stand up in court.

File only when you can show the proposal, what it said and that it reached the other side.

Timeline and deadlines

• Send your proposal in a way that proves its content and delivery: before you file

• Wait for a reply: 30 business days from the day the other side receives it

• File your claim with the proof of the proposal and its delivery attached: once the 30 business days have passed with no reply

• If the court says proof of the attempt is missing, send it in: within the usual 10-day period the court gives

• If the claim is still rejected, make the attempt properly and file again: after the court rejects the claim

Documents you need

• The final record (acta) of the mediation or conciliation, issued by the mediator or conciliator, if one took place.

• A certificate that the other party did not respond or attend, if the mediation or conciliation went ahead without them.

• Proof of your proposal and its delivery: a burofax, notarial communication or certified email that shows the content, the date and the receipt.

• If the burofax was refused or not collected, the Correos certificate of the attempted delivery and the notice left, showing it went to the correct address.

• If the lawyers negotiated, a document recording the proposal and the result, with a certificate from the lawyer.

Checklist

• Write your proposal so it sets out the claim, the amount and the facts, so the court can see it matches your lawsuit.

• Send it by burofax, notarial communication or certified email to the other side's correct address.

• Keep the proof showing the content, the date and the receipt.

• Keep the Correos certificate of attempted delivery and the notice left if the burofax is refused or not collected.

• Attach the proof of your proposal and its delivery to your claim when you file.

What to watch out for

• A burofax to the wrong address may not count: If you used the wrong address, or the delivery attempt was not properly documented, the demand may not be valid. Check the address before you send, and keep the Correos certificate of the attempted delivery and the notice left.

• A claim without proof of the attempt can be rejected: If your claim has no proof of the attempt, the court asks you to fix it and rejects the claim if you do not. Attach the proof when you file. If the court asks for more, answer within its short period, usually 10 days.

• Filing before the waiting period ends: The silence only counts as a failed attempt after the full waiting period has passed from the day the other side received your proposal. Count from the day of receipt, not the day you sent it, and file only after the 30 business days are over.

Frequently asked questions

Who pays the costs if the other side ignored my proposal?

Ignoring your proposal can count against the other side when the court later decides costs, but it does not stop your claim being admitted. This only affects the party who refused or stayed silent. Keep your proof of delivery so the court can see you made the offer.

Does a burofax the other side refuses or never collects still count as a demand?

Yes, it generally still counts as a demand, provided you used the correct address and Correos certified the attempted delivery and the notice left. The other side cannot cancel its effect by refusing to collect. The judge assesses each case, so keep the Correos certificate.

Can I file again if the court rejects my claim for lacking proof of the attempt?

Yes, you can file again once you have made the attempt, because a rejection for this reason does not decide the merits of your claim. Before that, the court first asks you to fix the missing proof.