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Is There a Small Claims Court in Spain?

Yes, there is, for claims up to 6.000 euros. It´s a verbal procedure ´juicio verbal´ and legal representation is not required for amounts under 2.000 euros. When the claim is for an amount under 2.000 euros and the claimant is a ´persona fisica´ so not a business there are no ´tasas´ to be paid. Same goes if you are entitled to free legal assistance because of accredited financial circumstances.

In some cases the judge will rule that, even though a lawyer is not a pre-requisite in verbal procedures for claims under 2.000 euros, the losing party will have to reimburse the other. In cases where ´mala fe´ is suspected and the other party engages a lawyer to defend themselves against the claim, or the claimant against the ´appeal´, or reimbursement of travel costs if either party  lives outside the town where the juicio takes place, but to a max. limit of 30% of the claim involved.

In trials for amounts of 2.000 and over, there is a fixed ´tasa´ of 150 euros to be paid plus a variable ´tasa´ amounting to 0,1 percent of the sum involved for ´personas fisicas´ and 0,5 percent of the sum involved for ´personals juridicas´.

When in doubt about anything involved in the procedure, costs etc. please make enquiries at the Oficina de Atención al Ciudadano at the Juzgado, the court where the case will be heard.

On this website you can find information on the workings.

European Judicial Network

Example of form to use

BOE December 2015

For cross-border small claims within the EU, please read the info provided

HERE

If the amount you need to claim is higher, please read through the information on ´Juicio Monitorio´

HERE

 

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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