How to file a lawsuit in Spain

Klev&Vera provides expert legal assistance throughout the process of filing a lawsuit, offering key information to help you understand the legal procedure tailored to your specific case. We handle all matters with strict confidentiality and professionalism, ensuring you feel supported and informed every step of the way. While specific legal matters are best addressed with the insight of experienced professionals, this article offers a clear and informative overview of the general steps involved in filing a civil lawsuit in Spain—designed to help you feel more confident and informed as you begin the process.

Before initiating any legal action, it is crucial to establish who is legally entitled to bring a case before the Spanish courts. Spain’s legal system allows both nationals and foreigners – both individuals and companies – to file a lawsuit in Spain. Foreigners have the same legal rights as Spanish citizens to pursue this process, provided they can demonstrate a legitimate interest in the case.

Depending on the nature of the matter, legal actions in Spain may be pursued through either civil or criminal proceedings. With this article focusing on civil proceedings, understanding how to file a civil lawsuit in Spain seeks justice through means of resolving disputes and ensuring obligatory compliance. This process is governed by strict procedural rules, making it essential to understand each step clearly to protect your rights and pursue an effective legal remedy.

The procedural framework for filing a civil lawsuit requires multiple steps, from preparing the case to following formal legal procedures before the courts. The legal process in Spain commonly uses an ordinary process or “juicio ordinario”. This is a standard process used in Spain for most civil or commercial legal matters (claims for monetary damages, breach of contractual obligations, labor disputes, civil liability, intellectual and industrial property, etc.) The following will provide you a general step-by-step outline on how this process is conducted under the Spanish legal system.

Filing a lawsuit typically begins with the submission of a formal complaint. However, prior to filing a contentious claim, the latest legal reform of 2025 requires an attempt to reach an agreement through the ADR process, which are mediation, conciliation, negotiation, and arbitration. If the issue is not resolved through ADR, then it may then be brought before the court.

If the claim remains valid and not resolved through ADR, the plaintiff may initiate the lawsuit by submitting a formal written claim or complaint with the relevant authorities, detailing the matter they seek to bring before the court. This requires the mandatory intervention of a court representative (procurador) and attorney authorized by powers of attorney for litigation granted by the interested party. Required documentation may include contracts, invoices, identification documents, and any other relevant evidence according to the Spanish civil procedure.

After the initiation of filing a legal claim, the defendant must then respond to the claim within 20 business days. Business days are understood to be all days of the year except Saturdays, Sundays, public holidays, the month of August, and the period from December 24 to January 6.

The response may include accepting, disputing, or challenging the claim and presenting counter-evidence.

This process requires the mandatory intervention of a court representative (procurador) and attorney duly authorized by powers of attorney for litigation granted by the interested party.

The pretrial hearing is used to identify the points of agreement and disagreement, propose evidence, and clarify legal issues. Such evidence must be admitted by the court in the pretrial hearing to be presented at the oral trial. During this hearing, the date for the oral trial is set.

This trial includes the examination of the parties, as well as witnesses and expert witnesses. Additionally, the parties will present the closing arguments, which consist of the evaluation of the evidence. The legal representation for both sides will be present to defend their arguments. This phase will allow the judge to analyze the facts while applying the relevant law to be guided in making a fair and legally binding decision.

After the oral trial, the court issues a judgment on the case. This ruling may uphold or reject the claim in full or in part, and includes an analysis of the facts and legal basis.

A party who believes the judgment is not in accordance with the law may appeal a judgment in Spain with the Provincial Court, which is the higher court composed of three judges. The court will simply examine the evidence in the file and the law applied by the trial judge. This does not constitute a new trial. The judgment that upholds the appeal in whole or in part will modify the decision of the trial judge as appropriate and terminate the ordinary court proceedings.

When filing a civil lawsuit in Spain, it is important to consider the potential legal costs. Under the Spanish legal system, the costs of filing a lawsuit in Spain depend on the outcome of the case.

Under the Spanish civil procedure rules, legal costs are generally borne by the losing party. If the claim is dismissed in full, the plaintiff must pay the opposing party’s legal costs. If the claim is upheld in full, the defendant must pay the opposing party’s legal costs. However, if the claim is partially upheld, each party pays its own costs and the joint costs in half. These expenses may typically include the legal costs regarding court fees, lawyer fees, the fees for court representative (procurador) and the expert witnesses.

While Spain offers a clear legal framework for pursuing civil claims, individuals—especially foreign clients—may encounter several common obstacles throughout the process when they want to decide how to file a lawsuit in Spain.

One common obstacle is the general understanding of the legal procedures and structures in Spain due to some specific rules and formalities. Especially for foreigners from a country where the laws differ, filing a lawsuit can be challenging to navigate. Language barriers are another frequent issue, as legal terminology and court procedures can be difficult to follow.

All documents must be translated into Spanish or the official language of the relevant autonomous region. Understanding foreigners’ rights in Spanish court is essential for international clients. Lastly, understanding the timelines and costs can be a challenge, which may depend on the complexity and outcome of the case.

Given these legal challenges, having professional legal support is essential to ensure that each step of the process is correctly followed and that your rights are effectively protected. Experienced legal counsel can also help you navigate these complex procedures with confidence, avoid costly mistakes, and achieve a more efficient resolution when you hire a lawyer in Spain.

At Klev&Vera, we specialise in assisting international clients with legal matters in Spain, offering clear, reliable support throughout the entire process. Our team has extensive experience handling civil litigation for nationals and foreigners – both individuals and companies – ensuring that each case is approached with professionalism and care.

We provide personalised service tailored to your specific needs, with multilingual support to overcome language barriers and ensure full understanding at every stage. Our clients benefit from transparent communication, regular updates, and strict respect for confidentiality.

Choosing Klev&Vera means having trusted legal professionals by your side, committed to protecting your interests and achieving the best possible outcome.

Contact Klev&Vera to schedule a consultation with our multilingual and experienced legal team. We’re here to guide you with clarity, transparency, and expert support every step of the way.