More electronic justice, changes to small claims and debt deadlines

Automatic summary, not yet reviewed

1. As of January 1, 2016, all justice professionals and judicial and prosecutorial offices must use electronic systems to file documents and carry out court notifications. Paper becomes the exception.
2. Electronic filings can be submitted any day of the year, around the clock, with an automatic receipt showing date and time. If the system fails without notice, filings can be made on paper the next business day.
3. Court representatives (procuradores) can carry out and certify court notifications with the same effect as court staff, acting personally and without delegation under the supervision of the judicial secretary. Whoever starts a lawsuit must state whether they want their procuradorProcurador A Spanish court representative who handles procedural steps on behalf of a party, alongside the lawyer. to handle notifications; if they say nothing, court staff will do it.
4. The verbal proceeding (a simplified small claims type of trial) changes: the defendant answers in writing within ten days, rules are set for closing arguments and appeals on evidence decisions, and parties may waive the hearing if the court finds it appropriate.
5. In payment order proceedings against consumers, the judge can examine abusive contract terms on their own initiative before demanding payment, after hearing both parties. The same applies to enforcing judgments and arbitration awards.
6. The general statute of limitations for personal claims is cut to five years from when the obligation can be enforced. The new period also applies to claims arising before the law takes effect.
7. Legal aid is strengthened: victims of gender violencegender violence Violence a woman suffers from a current or former partner because she is a woman., terrorism and human trafficking, minors, and people with intellectual disabilities or mental illness are entitled to it without proving lack of resources, with advice from the moment of filing a complaint and the same lawyer in all proceedings. The commissions may check income and assets with tax, cadastre, social security and registry authorities, with the applicant's consent.
8. Civil servants may represent themselves in administrative litigation to defend their employment rights, except in cases involving dismissal of irremovable civil servants. The court fees law is also adjusted to allow paying the fee within the correction period.

Who it affects

• Justice professionals (lawyers, procuradores, notaries, etc.) and judicial and prosecutorial offices: Required to use electronic systems for filings and communications as of January 1, 2016.
• Citizens going to court: They may choose electronic communication with the courts as of January 1, 2017; paper filings remain possible for those not required to go electronic.
• Consumers: Judges can review abusive contract terms on their own initiative in payment order and enforcement proceedings affecting them.
• Anyone with debts or claims to collect: The general time limit to bring personal claims in court becomes five years.
• Victims of gender violence, terrorism and trafficking, minors, and people with intellectual disabilities or mental illness: Access to legal aid without proving lack of resources, with advice from the moment of filing a complaint.

Words worth knowing

Procurador

A Spanish court representative who handles procedural steps on behalf of a party, alongside the lawyer.

Juicio verbal

A simplified, faster type of Spanish civil trial for smaller claims or special matters such as evictions.

Proceso monitorio

A fast procedure to claim documented money debts, starting with a payment demand to the debtor.

Cláusula abusiva

Abusive contract term imposed by the stronger party (usually a business) that unfairly harms the consumer.

Prescripción

Statute of limitations: losing the right to sue after a set period of time.

gender violence

Violence a woman suffers from a current or former partner because she is a woman.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries