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SPANISH LAW

EXPLAINED: How can I sue someone in Spain?

When is it possible to take someone to court in Spain and what does the process involve? How much does it cost to get a lawyer? Here's a breakdown of what you need to understand about lawsuits in Spain.

Published: 2 November 2022 11:35 CET
Updated: 18 March 2024 08:04 CET
EXPLAINED: How can I sue someone in Spain?
Most civil disputes in Spain arise from divorces, administrative procedures or small business disputes, and inheritances. (Photo by FERNANDO VILLAR / POOL / AFP)

Spain doesn’t quite have the same suing culture that there is in the United States for example, but lawsuits do exist.

A lawsuit, known as a demanda, pleito or litigio in Spain, is a way of settling disputes in court without involving the police.

Definition

So, what is a lawsuit? It’s a term you hear a lot but might not actually know what it means.

To take the dictionary definition, a lawsuit is: “a problem taken to a law court by an ordinary person or an organisation rather than the police in order to obtain a legal decision.”

It is, in other words, the settlement of a “disagreement between people or organisations that is brought to a court of law.”

Lawsuits are usually filed when, as a result of the dispute, the aggrieved party is seeking compensation for damages, as well as the recognition of their rights.

Most often in Spain, these civil disputes arise from divorces, administrative procedures or small business disputes, and inheritances.

Suing in Spain

Lawsuits do exist in Spain, and whether you are able to sue someone in a Spanish court depends on a few different factors. There are various reasons you might want to take someone to court, and there are different types of lawsuits that we can group into three broad categories: family law, commercial disputes, and debt collection.

Let’s take a look at the different types of suits, and the process for suing someone in Spain.

The process

In Spain the lawsuit process begins with the filing of an official demanda (lawsuit) which outlines the details of the alleged case, of the plaintiff (el demandante), the defendant (el demandado/acusado), and the compensation sought.

Before la demanda goes to court, the defendant is sent an official notification, and the plaintiff must make a deposit to the court which, depending on verdict of lawsuit, is refundable.

The case is then officially presented to the court and a judge will summon legal representation for both parties to attend an oral court hearing, known in Spain as the juicio oral.

It is worth noting that in Spain, lawsuits involving small claims disputes of amounts under €2,000, perhaps a landlord trying to get back some unpaid rent, for example, or a dispute between a small business and an individual, do not require legal representation and you can, if you wish, undertake the entire process yourself.

However, The Local always recommends consulting a legal professional with familiarity with the Spanish legal system.

Following the juicio oral it can take months before the judge sets a date for the trial. When that trial date does arrive, the judge has twenty days to make a decision and pass a sentence.

READ ALSO: Why doesn’t Spain have juries in trials?

Precautionary measures

Because the process can be fairly lengthy in Spain, there are legal safety nets to protect the plaintiff if the defendant’s financial situation changes. In the case of a defendant going bankrupt, or being unable to pay the sum, another lawsuit can be set in motion that runs parallel to the initial claim.

This secondary suit, known as medidas cautelares, meaning protective or precautionary measures, is filed with aim of embargoing bank accounts, property and any other assets owned by the defendant.

Drafting a lawsuit

Though we recommend always consulting legal experts, there are some key details required when drafting the text of a lawsuit. These are:

  • the exact address and location of the court where you are filing the lawsuit.
  • the personal details of the plaintiff, including address and profession.
  • the details of your legal representation, should you have any.
  • the personal details of the defendant, including address and profession.
  • the details of your case – you must clearly outline your case, including compensation, damages and your legal rights that have been violated.
  • any evidence you have that supports your claim, with reference to the law you believe has been broken.

Different types of lawsuits

There are a multitude of reasons why you might file a lawsuit against someone, and various types of lawsuits that exist in Spain.

Some of them include:

Quantity claim (Reclamación de cantidad)

Contract termination (acción de resolución contractual)

Right of withdrawal (ejercicio del derecho de desistimiento)

Eviction lawsuit (demanda de desahucio)

READ ALSO: Okupas: What’s the law on squatting in Spain?

Broadly speaking, lawsuits in Spain can be grouped into three groups – debt, family, and commercial disputes.

Debt Collection

Debt collection lawsuits are some of the most straightforward in Spain. Put simply, if the debtor is lives in Spain, you can file a lawsuit there. You can begin the lawsuit process and claim damages for an unpaid debt if you have formally, but non-judicially, requested payment of the outstanding debt with the appropriate documentation, such as invoices or contracts.

If this doesn’t resolve the dispute, you can then file a lawsuit in court.

Family Law

In the case of a divorce, lawsuits can be filed in Spain if:

  • Both parties have lived in Spain for at least a year or 6 months in the case of Spanish nationals.
  • At least one spouse remains in Spain after both spouses have lived there.
  • The party not filing for divorce lives in Spain.
  • The spouses are filing jointly and one of them lives in Spain.
  • Both spouses are Spanish citizens.

For cases involving parental disputes such as the payment of child support, a lawsuit can be filed win Spain if the child in question lives in Spain or within 3 months of the child moving from Spain to another EU country. If the child has moved to a non-EU country, the lawsuit depends on the agreement Spain has with said country.

Commercial Disputes

Like with debt disputes, for commercial lawsuits the party being sued must live in Spain. Commercial lawsuits can be filed for the following:

  • Contracts supposed to be completed in Spain
  • A tort that occurred in Spain
  • Against an insurance company if the beneficiary is in Spain
  • Disputes over properties held in Spain

How much will getting a lawyer cost?

In Spain, the lawyer (abogado) is responsible the defence of the client while the solicitor (procurador) is in charge of the client’s representation in terms of all the documentation and notifications. 

According to Spanish consumer watchdog OCU, you need to have a lawyer and solicitor in the following circumstances:

  • If the amount claimed does not exceed €2,000, a lawyer and/or solicitor is not needed.
  • If the amount claimed is between €2,001 and €6,000, the claim will be processed in an oral hearing and a solicitor and lawyer are required.
  • If the amount claimed exceeds €6,000 or is of an undetermined amount, the lawsuit will involve an ordinary trial for which you need a solicitor and lawyer.

Lawyers and other legal professionals are free set to their own fees, so there isn’t an amount that works across the board. It also depends on the type of lawsuit, if it’s a first instance procedure or an appeal, and the outcome can also determine who pays other legal fees and potential fines.  

OCU reports that paying a lawyer for first instance proceedings in Spain costs on average €1,200. According to legal comparison website Zaask, the average is €1,160, but depending on the lawsuit’s specific circumstances it can be as little as €250 or as high as €2,270.

A solicitor on the other hand is entitled to charge €1,540 when the amount claimed during the lawsuit is below €601,012.

* If you are considering filing a lawsuit against someone in Spain, it is recommended to consult with legal professionals who can who have expertise in the Spanish legal system, and advise you on the next steps. *

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For members

PROPERTY

BBQs, nudity and plants: What are the balcony rules in Spain?

Though many people hang laundry, plants, and flags from their balcony, in Spain the rules on what you can and can't do on 'el balcón' are not well-known.

Published: 8 May 2024 17:13 CEST
Updated: 11 May 2024 08:31 CEST
BBQs, nudity and plants: What are the balcony rules in Spain?

Imagine the scene: you’ve just bought or signed the lease on your dream apartment. It’s bright and airy, with plenty of space, and even has a nice-sized balcony to get some fresh air on. You can do whatever you want there, right? 

Not exactly. In Spain the rules on what you can and can’t do on a balcony (even if it’s private) depend on a few factors, namely the regional and local rules, as well as getting the approval of the building’s homeowner’s association – known in Spain as la comunidad.

Some of them might just surprise you.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

There are four main things or activities on balconies that could potentially put you on the wrong side of the local rules and even get you fined: barbecues, plants, laundry, and flags.

In all cases (even if you don’t think you’re breaking any rules) you’ll generally need to consider two things: firstly, does this affect or change the building’s façade? And secondly: will la comunidad allow it?

Barbecues

In Spain there is no national law prohibiting barbecues on private property, so in principle it is legal as long as the barbecue is lit in a private space such as your own balcony, garden or terrace, and not a shared space.

Often in Spain, the roof (usually referred to as la terrazza) is a shared space people use for storage and hanging their laundry, so be sure to check with the comunidad.

In terms of your own balcony, however, although there’s no law saying outright you can’t have a barbecue, you’ll need to take into account the rules and regulations in force in each locality or region. There may also be specific rules within the building that long-term homeowners have developed over the years.

As we will see, many of these low-level regulations are delegated to local governments and town halls in Spain, so the answer to these sorts of questions is usually: it depends where you are.

However, according to Article 7 of Spain’s Horizontal Property Law, “the owner and the occupant of the flat or premises are not allowed to carry out in it or in the rest of the property activities prohibited in bylaws, which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities.”

This basically gives your neighbours the right to complain about noise, smells, smoke and any possible fire risk in or around their building, which barbecues could plausibly fall under.

As with co-living anywhere in the world, regardless of the regional or local rules, employ some common sense: be reasonable, listen to neighbour’s concerns and take up any disputes with the President of la comunidad.

READ ALSO: What you need to know before having a barbecue in Spain

Plants

Again, with plants the responsibility falls on each local authority to set the rules. In Spain, most regions and town halls state that, as long as the architectural or structural elements of the building are not changed or weakened in any way, putting plants on your balcony is permitted.

However, note that many terraces and balconies do have maximum weight regulations that must be respected in order to guarantee their safety, which is 200kg per square metre. If this figure is exceeded (and it can be proved) you could theoretically be fined.

Laundry

Laundry lines criss-crossing the streets might be one of the more picturesque images of Spanish life, but the people doing it might actually be breaking the rules.

How do you know? You guessed it, it depends where you. You’ll need to check with your local authority on this one, though municipal regulations in Barcelona, Madrid and Valencia all regulate hanging laundry from your balcony, which is again outlined in the Horizontal Property Law.

This principally seems to be because it affects the façade of the building (a common theme when it comes to balcony rules in Spain).

In places with rules about hanging laundry from balconies, you could be fined up to 750 euros if you don’t comply with the rules.

However, according to Foto Casa, even if you live in an area where there are no bans or penalties against hanging laundry on the balcony, you’ll still likely need the permission of la comunidad.

READ MORE: Spain’s weirdest laws that foreigners should know about

What about flags?

Whether it be the Spanish flag, the Catalan, Valencian or Andalusian flags, or LGBT, trade union or football team flags, flags proudly hanging from balconies is another mainstay of Spanish life.

It’s also one of the more controversial ones too, especially within comunidad meetings. Hanging flags on the balcony, as well as allegedly altering the aesthetics and security of the building (the same concern as with laundry) often has ideological connotations that can cause conflict.

Again, as with laundry, hanging flags on the balcony will require the approval of all the owners within the community, something that must be agreed at a meeting, as per the Horizontal Property Law.

However, if the flag is placed inside the property, as it is a private property, fellow homeowners cannot oppose it, even if it is visible from the street, according to Foto Casa.

Nudity 

Article of 185 of Spain’s Penal Code only considers being naked at home to be obscene exhibitionism and sexual provocation if it affects minors, in which case it is punishable with a fine or up to a year in prison.

Therefore, you could technically sunbathe shirtless or naked on your balcony in most cases without getting into trouble, although it won’t necessarily go down well with your neighbours and/or flatmates and you be reprimanded for it.

READ ALSO: Can you go shirtless or wear a bikini in the street in Spain?

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