Posts Tagged ‘spanish litigation’

SPANISH LITIGATION PROCESS

August 26, 2008

Not many non residents know all the steps of a court procedure in Spain.

 

There are several sorts of court procedures in Spain but in this article I am going to focus on the claims of more than 3.000 euros.

 

You have to hire the legal services of a solicitor and a procurator and they will prepare a lawsuit that they will present in the Court of the place you are suing.

 

After that the judge will analyse it and if everthing is formally correct they will notify the lawsuit to the other party who has 20 working days to reply.

 

Thereafter the Court will notify the reply to the plaintiff and scedule a court hearing in which formal issues will be discussed, both parties will present the evidences they have and the Court will try to arrange an agreement between the parties.  If this is not possible the case has to proceed as a court trial.

 

During the Court trial both parties will present the evidences they have and make an deposition defending their positions.

 

The judge will make the final ruling several weeks later and both parties will have the option to appeal the sentence to the High Court.

 

The first court will take aproximately 8-14 months depending on the court speed, and the appeal could take further 10 months.

 

If you need more information please do not hesitate to contact me at jose@lawfirminspain.com

 

 

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