How civil lawsuits work in Spain

Automatic summary, not yet reviewed

1. The law creates two main tracks for civil lawsuits: the ordinary trial (juicio ordinario), for more complex or higher-value cases, and the verbal trial (juicio verbal), for simple or low-value cases. The subject matter and the amount in dispute decide which one applies.
2. As a general rule, going to court requires representation by a court representative (procuradorProcurador A professional who formally represents a party before the court; not the same as the lawyer.) and a lawyer, except in low-value verbal trials and in the initial request of the payment order procedure.
3. The defendant can challenge the court's jurisdiction and competence through a single tool, the declinatoriaDeclinatoria A filing by which the defendant asks the court to step aside for lack of jurisdiction or competence., which must be raised before answering the lawsuit. The inhibitoria procedure is abolished.
4. Judgments ordering payment issued in the first instance are provisionally enforceable without posting a bond, although the losing party can object in the cases the law provides.
5. The payment order procedure (proceso monitorio) is created: a creditor can claim money debts up to five million pesetas with supporting documents, without needing a lawyer or court representative. If the debtor neither pays nor objects, enforcement is issued.
6. In money enforcement, the debtor must declare their assets, and the court can investigate their estate and fine anyone who fails to cooperate. An order of attachment is set out, and exempt assets are regulated, such as the minimum wage.
7. Interim measures are regulated in a unified and open way: they can be requested before the lawsuit, with it, or during the proceedings, and as a general rule the requester must post a bond.
8. The law regulates special proceedings on capacity, filiation, marriage and minors, the judicial division of estates and marital property, and the bill-of-exchange proceeding for promissory notes, checks and bills of exchange.

Who it affects

• Anyone suing or being sued in a civil case: They must know which type of trial applies and that, as a rule, they need a lawyer and a court representative.
• Creditors of money debts: They can claim quickly through the payment order procedure and provisionally enforce payment judgments.
• Debtors facing enforcement: They must declare their assets and can face attachment, with limits such as the exempt minimum wage.
• Spouses in separation or divorce cases and families: They have specific proceedings, with decisions on children, the family home and support, and a special track when both agree.
• Businesses and professionals issuing bills of exchange, checks or promissory notes: They have the bill-of-exchange proceeding, which allows immediate preventive attachment.

Words worth knowing

Procurador

A professional who formally represents a party before the court; not the same as the lawyer.

Declinatoria

A filing by which the defendant asks the court to step aside for lack of jurisdiction or competence.

Ejecución provisional

Enforcing a payment judgment even though it can still be appealed.

Medidas cautelares

Interim court decisions to make sure a future judgment can actually be enforced.

Cosa juzgada

The effect of final judgments: the same matter cannot be tried again.

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