When two parties cannot resolve a dispute privately, the matter may need to go through Civil Court proceedings in Spain. Below we explain, step by step, how a typical civil case develops in Spain, particularly in the Valencia region, and what to expect at each stage.
The process often begins with a formal demand letter (known as a burofax in Spain). This letter is sent to the other party to explain the issue, request payment or action, and set a short deadline for compliance (a few days to a few weeks). Sending a written demand shows that you tried to reach an agreement before starting legal proceedings — something that Spanish judges often view positively.
Before filing a lawsuit, Spanish law encourages parties to try mediation or negotiation.
This step, usually lasting around 30 days, allows both sides to discuss the issue with the help of an impartial mediator and explore an agreement. If no settlement is achieved within this period, the claimant can proceed to file a claim in court.
To begin litigation, the claimant files a lawsuit (demanda) with the Court of First Instance (Juzgado de Primera Instancia) that is local to the property, event, or domicile of the defendant.
In most cases, both sides must appoint:
A Power of Attorney for Litigation (Poder para Pleitos) must also be granted so that your lawyer and clerk can act on your behalf. We ask clients to sign these in Spain or in their home country (in which case they will need to be legalised).
Please note that this lawsuit can take sometimes some weeks to prepare as in Spain a great deal is done in the written legal action with background, supporting documents and arguments.
The assistance of clients is vital to assist the lawyer with the information. We are a team. Due to the number of cases we handle, we provide updates only when there is meaningful progress. However rest assured, your case is being monitored closely even when you do not hear from us regularly and there are no updates. We do respectfully ask clients please to minimise contacting us for news, as we always advise when there are any updates.
After the court accepts the claim, the defendant is formally served with it, and then has 20 business days to submit their response. In that response, they may present their version of events, attach evidence, and raise any counterclaims. The judge will then review all written materials from both sides to decide whether the dispute should be scheduled for a hearing.
We don’t have any ability to know how long this will take or to be able to push the Judge, but our clerk tries to keep us informed.
The pre-trial hearing is an essential and important step in the ordinary civil procedure. This hearing is for the barristers, although clients can attend if they wish, but rarely do.
During this hearing:
We always inform after a pre-trial of the situation.
This trial is the opportunity for both sides to present their evidence and arguments before the judge. It is not a long full proceeding such as in many other countries, such as Ireland or the UK. During this trial:
We usually meet the clients (who generally need to attend this hearing along with any required witnesses) a day or so prior to the trial so everything can be discussed in detail and will be fresh.
After the hearing, the court will issue a written judgment (sentencia) within usually days or several weeks, explaining its decision and reasoning. We always inform clients as soon as we hear.
It is important to understand that, in Spain, most civil court cases are decided on written evidence and documents rather than on long oral hearings.
From the beginning of the process, both sides present their claims, defences, and evidence in writing, through their lawyers and court clerks. There will be costs in advance for this. These documents form the core of the case and are carefully reviewed by the judge before any hearing takes place. As a result, the court hearings themselves are usually brief and focused. Many non Spanish are surprised at this.
They serve mainly to:
Unlike common law systems, Spanish judges rely heavily on the written file when issuing their judgment. This approach ensures that the judge has a complete and structured view of the case, based on the documents and arguments formally submitted by both sides.
After the Judgement is received, if the losing party fails to comply voluntarily, the winning party can request enforcement. The court can then order the seizure of assets, bank accounts, or other measures to ensure compliance with the judgment. This is a separate new proceeding following on from the previous one.
The party that disagrees with the judgment (who has lost) may file an appeal (recurso de apelación) to the local Provincial Court. They usually have 20 days to do this. This court reviews both the factual and legal aspects of the case and may uphold, modify, or overturn the lower court’s decision. They use three judges in a private hearing and it may take a long tine for the case to be heard in certain areas of the Valencia Community, sometimes well over a year or longer.
If legal errors or inconsistencies remain, additional appeals may be possible in limited situations:
| Stage | Key Action | Purpose |
| 1. Pre-litigation | Send a formal letter | Attempt to resolve dispute amicably |
| 2. Mediation | 30-day negotiation period | Explore settlement options |
| 3. Filing the claim | Submit case to court | Begin formal proceedings |
| 4. Defence | Defendant responds | Present opposing arguments |
| 5. Pre-trial hearing | Judge reviews case | Admit evidence and clarify issues |
| 6. Main trial | Oral hearing | Presentation of evidence and arguments |
| 7. Judgment | Court decision | Legal resolution of the dispute |
| 8. Appeal | Provincial Court | Review of facts and law |
| 9. Final appeal | Supreme Court | Review of legal interpretation if possible |
Court proceedings in Spain are complex, particularly when language or procedural differences are involved. At Molina Solicitors, we are experienced in civil court proceedings and assist clients throughout the Valencia region with many types of disputes — providing clear guidance from the first letter to final resolution.