Frequently asked questions about Court Claims in Spain

IS it necessary to have a barrister and procurator to act in a Civil Court?

The intervention of a barrister and procurator is always necessary, except in specific cases: verbal trials for amounts of less than €2,000, the initial request for small debt proceedings, when urgent measures are requested before the trial is held, etc. What types of court proceedings are there?

The most prominent procedures in civil jurisdiction are ordinary and verbal trials. Although there are other special procedures such as divorce and sepa­ ration, procedures related to the judicial division of inheritance, the liquidation of the matrimonial property regime, small debt proceedings, the ‘juicio cambiario’, etc.

What is required for a barrister to represent me in a lawsuit?

In order to be represented by a procurator and barrister, you must sign a Power Of Attorney (POA) before a Notary Public. There is also the possibility of granting representation directly in court, thought the method known as ‘apud acta, although this system is not as practical. Can I grant a power of attorney if I am abroad?

Yes, if you are outside Spain, you can sign the power of attorney at the Consulate. Or if you prefer it, also before a Notary Public (not solicitor) in that country. In this case, it will be necessary for the Power of Attorney to be apostilled. Our firm can help you by providing you with a draft of the POA in different languages, so that you don’t have to request a sworn translation of it afterwards.

Do the documents submitted to the court need to be the ‘originals’?

Nowadays, court claims and their attached documents are presented electronically. However, you must keep the originals. The original settlement agreement signed by both spouses, the rental contract agreement, etc.

If the documents are submitted in another language, do they have to be translated?

Yes, documents not issued in the official languages of Spain must be accompanied by a sworn translation. However, it is also possible to provide private translations, and they may be accepted, as long as the other party does not contest them.

Which party must pay Court costs? The defendant or the plaintiff?

It will depend on the ruling issued by the Judge. Usually, the losing party is ordered to pay the court costs of the other. However, the judge may also agree that each party has to pay their own barrister and procurator expenses.

Are the fees of the Barristers and Procurators regulated by law?

Not exactly. The Bar Associations can establish ‘guideline criteria’ which, although not binding, are usually considered by the Court when setting the court costs. But these professional associations cannot establish fee scales or price lists, which are freely fixed by each professional.

How long do court proceedings usually take in Spain?

The duration will depend on the type of proceedings. However, the same procedure, in the same court, can have a very different duration. There are many aspects that can influence this. Whether or not the defendant can be located, the workload of the official to whom the proceedings are assigned, the num­ ber of parties involved, witnesses, evidence to be taken etc. Do I have to be present in Spain to initiate a court proceeding?

No. Court claims will be initiated by your procurator and barrister, who will submit all the documentation on your behalf. However, you may need to attend the court hearing. It will depend on each case. If the opposing party does not request your questioning, you may not have to attend the trial to testify.

Can court judgments be appealed and appealed?

Yes, when a judgment is handed down in the first instance, it can be appealed to the higher instance (Provincial Court). However, there are exceptions. For example, verbal judgments for amounts of less than €3,000 cannot be appealed.

Can court judgments be appealed and appealed?

The appeal must be filed before the same court that handed down the judgment, within 20 working days. This does not include weekends, public holidays, the month of August or the Christmas period.