Frequently asked questions

Some initial procedural documents can be submitted online by any citizen, but this is only possible for Civil or Employment matters, such as monitorio proceedings or residents' association debt claims. Other initial procedural documents can only be submitted online by a solicitor or procurator with a Digital Certificate from the Bar Association or the Procurators' Association through the online platform LexNet.

Yes, once the proceedings have been initiated, if you have a valid digital certificate in Spain, you can communicate directly with the Court and submit documents through the Electronic Judicial Portal. We can assist you with both the drafting and submission of any document during the judicial proceedings.

Very simply — once submitted, we will be able to download the submission receipt for you. For matters you initiate through us, we will send the receipt by email. The receipt contains a CSV code that will allow you to verify its authenticity.

To find out, you will need to go to the Registry and Distribution Office of the Courts in the area where the initial document was submitted and enquire there with the submission receipt we will have sent you.

The Court may do so electronically, by email, by telephone or by recorded post. For this reason, the initial document will include your address, email or telephone number, so that you can choose how you wish to be contacted. The Court will not notify you of every step taken in the proceedings, only the most important matters and those required by Law.

Very easily — to contact the Court you can go in person during public opening hours from 9am to 2pm, Monday to Friday, and you can also do so by telephone or email. The Court's address, telephone number and email can be found on the Judicial Authority website in the Directory of Judicial Bodies.

No — all the procedures we offer at Reclamo.app are proceedings for which the Law does not require a Solicitor or Procurator, so you yourself will be able to follow and/or manage your case. This is why Reclamo.app makes your legal journey simpler without you needing to be an expert. If you would like legal advice, please contact us and we will put you in touch with our network of partner solicitors.

No — Reclamo.app will not represent or defend you; it simply facilitates your access to certain online procedures and assists with the drafting of documents. All documents will be signed by you and Reclamo.app will not be responsible for their content. If you require legal advice, we can put you in touch with our network of partner solicitors and legal advisers.

Our primary function is to assist you with procedures and with drafting documents so that you can handle everything yourself, without needing a solicitor or procurator. You can also count on our support throughout the entire process through the various follow-up services we offer, such as video calls or the drafting of procedural documents (request for video call, procedural impulse, request for video conference, etc.). If you need a one-off legal consultation, you can also request a video call with a solicitor specialising in the relevant area who will be able to advise you legally. The consultation will have a set cost and duration.

Yes, of course — depending on the cover provided by your insurance, it may cover the costs of solicitor and procurator services for the entire proceedings.

No, there is no obligation. In Spain, the obligation to report is more a moral matter than a legal one. In fact, the Code of Criminal Procedure, in Article 259, only provides for a fine of 15 cents to one euro and 50 cents for anyone who witnesses a crime and does not report it.

The first step, after the assault, is to call the Police so they can gather all the data and evidence (camera recordings), speak with witnesses, identify the perpetrators and detain them if appropriate. Finally, the Police will leave an information note at the station for when you file the complaint. When the Police arrive, you should ask them for their badge numbers and the station they belong to, so that when you file the complaint, the Court can request all information directly from the Police. In the case of injuries, you should seek medical attention so that a medical report can be produced detailing the injuries sustained (pain, bruising, grazes, etc.).

A complaint that is not filed is as if it never happened. As the Police Healthcare Liaison explains: you can file with the Police or with the Court, but since the objective is to have the perpetrator prosecuted, it is best and fastest to submit it directly to the Court. If the Court considers that it needs the assistance of the Police for any investigation of the facts or to identify the perpetrator, the Court will contact the Police directly.

First of all, every offence gives rise to civil liability (compensation). In this case, no specific minimum or maximum figure can be given, as each offence and each set of facts produces different consequences and affects each person differently. For injury offences, the Road Traffic Accident Compensation Scale should be taken into account; as an example, injuries consisting of neck abrasion and costal chondritis taking 10 days to heal with moderate impairment amount to €650; receiving blows resulting in bruising may be around €200. In the case of the offence of assault on an authority figure, sentences range from 6 months to 3 years' imprisonment.

As with compensation, this depends on the severity of the events. For minor offences, the limit is a 3-month fine. For offences involving assault on healthcare workers carrying out public duties, sentences range from 6 months to 3 years' imprisonment. For injury offences, penalties range from 3 months to 3 years' imprisonment or a fine of 6 to 12 months; 2 to 5 years' imprisonment if a weapon or dangerous instrument is used; up to 6 to 12 years' imprisonment if the loss of a principal organ or limb, a sense, impotence, sterility, serious deformity, or serious physical or psychological illness is caused.

If you want to know how the submission is made, who can submit documents during the judicial proceedings, or how to find out whether the complaint has been filed, you can find the answers to these questions in our General FAQ by clicking here.

In practice, the same offences may arise as for any other person. However, the most important thing is to know whether the offences are committed against the healthcare worker in the exercise of public duties or not. Physically assaulting a healthcare worker whilst they are doing their job is not the same as assaulting them during a private activity. In 2015, the Criminal Code was reformed and Article 550 gave healthcare workers the same protection as authorities and public servants, although there had already been rulings affording them that additional protection. Therefore, if the assault occurs in the exercise of public duties, we may first encounter an offence of assault on an authority figure, and then, depending on the type of assault, it could be an offence of injury, defamation, threats, coercion, etc.

We will begin with a straightforward answer: none of them are public authorities. What healthcare workers have is the same protection as a public authority and, for this reason, any assault against them will be treated in the same way as offences committed against a public authority. Consequently, none of them are public authorities, but all healthcare workers carrying out public duties will be protected by these offences as if they were a public authority.

The definition of a public servant under the Criminal Code is found in Article 24.2, which states that individuals hold the status of public servants when they have been appointed by direct provision of the law, by election, or by appointment of a competent authority. Therefore, workers of private healthcare companies or institutions, even if these participate (through concession or in any other way) in the exercise of social functions, do not hold the status of public servants for criminal purposes and therefore do not have the protection of the offence of assault on an authority figure. As an exception, Article 554 applies more severe penalties when the assault occurs while coming to the aid of an authority figure or while intervening in a disaster, public calamity, or emergency situation, even if the person is not a public servant under Article 24.2.

In this case, if you are a public servant under Article 24.2 of the Criminal Code, as we explain in the question 'Who is considered a public servant for the purposes of the Criminal Code?', Article 550.1, first paragraph, will apply. You will have the same protection as healthcare staff.

The definition is straightforward and is set out in the Law itself: an injury is one that objectively requires, in addition to initial medical attention, medical or surgical treatment. However, mere monitoring or medical supervision of the course of the injury will not be considered medical treatment. For example, an injury requiring stitches constitutes an injury offence. All others are minor offences. As an example, a minor offence is a blow that causes bruising or not, such as a shove. Another difference is the type of penalty: injury offences carry custodial sentences that increase according to the severity of the injuries, whilst minor offences carry a fine of up to 3 months.

Yes — threats in which the intention to cause harm or danger to a person or people in their circle (family, friends, colleagues, etc.) is announced constitute an offence. Here too, a distinction must be made between an offence and a minor offence. To do so, the circumstances in which the event occurs must be analysed: the intensity of the threats, the fear they cause, the seriousness of the threats, the actions carried out following the threat, and the credibility of the threats.

An offence of coercion may be serious or minor, and prohibits compelling a person to carry out or refrain from an act against their will. For example, a patient banging on the door to force the healthcare worker to come out, or acting in an intimidating manner to be seen first.

If the person is not an authority figure under the Criminal Code, as we explain in 'Who is considered a public authority in the healthcare sector?', it will not constitute an offence, as minor defamation offences have not been criminal since 2015. Only serious defamation is an offence, for example when carried out publicly. Although there have been Court rulings that convicted disrespectful behaviour ('what a terrible nurse', 'shameless', 'horrible person', 'idiot', etc.), these have been appealed and the convictions overturned, with acquittals ultimately handed down. In such cases, it will be necessary to assess whether a minor offence of threats or coercion has occurred.

According to the statistics of the General Council of the Judiciary, the average duration of the first stage of criminal proceedings (Preliminary Investigations) is 3 months. The average duration of the second stage up to the verdict is 10 months. Therefore, from the complaint to the Verdict, between 8 and 21 months may pass, depending on the Autonomous Community in which the events take place. Aragon is the fastest and Castile and León the slowest.

The Spanish Data Protection Agency (AEPD) has determined in various consultations that the processing of personal data relating to the opposing party in litigation falls within the right of all citizens to use all relevant means of evidence for their defence. The personal data processed must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed in the exercise of their rights and legitimate interests.

It is best to file a complaint on the same day or within three days of suffering the assault. Filing the complaint interrupts (resets the clock) or suspends (halts the passage of time) the limitation period. Therefore, the sooner the better. Offences become time-barred depending on their severity; for example, minor offences expire after one year, and the remaining offences from 5 to 20 years depending on their severity.

This is a common question, but you should know that it is very common for there to be no witnesses or camera footage in these types of offences, and this does not prevent the perpetrator from being convicted. To assess the credibility of the victim, many things are considered, such as whether the account given to the security guard, the police, and the court is essentially consistent; whether there was any prior relationship with the accused; whether there is any motive for revenge; whether there is any circumstance affecting the victim's perception of reality; and peripheral factors are also considered, such as whether the Police were called and whether medical attention was sought after the assault. Generally, the victim's account is called into question when there are elements that cast doubt on their credibility. Therefore, even if you only have your own account, this is sufficient to file a complaint and secure a conviction.

Yes, of course — in law this is called reaching a plea agreement. It can vary greatly in its terms and conditions. Even if an agreement is reached during the first stage of the proceedings, a one-third reduction in the sentence is applied. The accused has the opportunity to reach a plea agreement right up until the trial begins, even minutes before. Such an agreement will set out the offences, the sentences, the compensation paid (if any has been paid), and whether any mitigating or aggravating factors are taken into account. In the event of a plea agreement, the Verdict is handed down that same day and the agreement generally cannot be appealed, since no one can act against their own actions and agreements are binding.

The criminal process, in general terms, is straightforward: 1. The complaint is filed and the Court decides whether to admit it. 2. If the complaint is admitted: a) in the case of minor offences, the parties will be summoned directly to trial; b) in the case of more serious offences, preliminary investigation proceedings will be initiated. 3. During the preliminary investigations (Instruction), statements will be taken from the accused and the victim; identification parades may be held; reports from the forensic doctor may be requested; inspection of the scene of the crime may be requested; etc. 4. Once the preliminary investigation phase is complete, if there is evidence of an offence and the perpetrators are known, the Judge will order the charge. If charged, the parties will submit their statement of prosecution and statement of defence. 5. The trial is held and a Verdict is delivered. In a trial for a minor offence, your presence will only be required on the day of the trial. For proceedings involving more serious offences, your presence will be required on at least two occasions: to give a statement during the investigation and at the trial. And you will only receive two notifications: to give a statement and for the trial. Throughout the entire process, no one will contact you to keep you informed of any other matter.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

In general, if injuries, threats or coercion are described in the complaint, it will normally be admitted. If, in addition, witnesses, medical reports, etc. are provided to demonstrate that this occurred, there is even greater reason for it to be admitted. Rejection occurs primarily when only mere suspicions that an offence has been committed are provided, and no facts that could constitute an offence are described.

Yes — the Code of Criminal Procedure establishes in Article 779.1.1 that if a rejection occurs and the proceedings are filed, the victim must be notified by post to the address they provided and will have 20 working days to appeal from the date of notification. It is also true that Courts are slow and often fail to issue these notifications. In that case, it may happen that, with no one monitoring the situation, the offence becomes time-barred. Normally, the Court will decide on admission within 20 days of the complaint being filed. Therefore, it is advisable always to stay alert and attentive, as the Court can be asked to progress the proceedings.

The answer should be no. For minor offences, it is not necessary to have a solicitor, and for more serious offences only the accused is legally required to have a solicitor and procurator. In any case, the position of the complainant, when they do not have a solicitor, is defended by the Public Prosecutor. The Public Prosecutor, if they consider the facts to constitute an offence, has the function and obligation to promote the action of Justice in defence of the law, the rights of citizens and the public interest protected by Law — that is, they will seek a conviction and compensation if deemed necessary. If they do not consider the facts to constitute an offence, they will request that proceedings be closed and will not seek any conviction. And they may do so without consulting or meeting with you. In practice, they will normally not meet with you, keep you informed of the progress of the case, help you prepare for the trial, nor can you ask them to appeal a ruling that goes against your interests. Therefore, if you want to stay informed, be aware of the proceedings, receive updates on the process and ensure that your interests are defended, it is best to engage the services of a solicitor.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

If the case involves only a minor offence — that is, where the offence of assault on an authority figure is not included — the Judge will only award costs if bad faith on the part of the complainant or in the conduct of the accused is found. This is because minor offences do not require the involvement of a solicitor and procurator. For serious offences, for example where the offence of assault on an authority is included, the accused is required by Law to have a solicitor and procurator; it is optional for the complainant, as we explain in 'Do I need a solicitor to defend me?' In the latter case, it is possible that the Judge will award a costs order against the convicted party and that they will have to pay your expenses.

If you would like to use the Legal Services of our partner network to advise you throughout the proceedings and to always be informed and prepared, please contact us via the following form, where we only need your name, telephone number and email address, together with your preferred contact method (email or telephone) and your available hours (morning or afternoon). Initially, we will listen to you, analyse the documentation and, from that, determine the type of proceedings, inform you of the prospects of success, and finally provide you with the fees for each step before the Court.

Yes. Any person may file a complaint in relation to any type of offence with the same procedural guarantees as a Spanish citizen, regardless of whether or not you live in Spain.

You can find the answer to this question in 'Can judicial proceedings be initiated online?' (GENERAL FAQ)

Yes, it is perfectly valid as it is one of the legally accepted ways of filing a complaint. The receipt we send you will digitally certify the first page of the complaint and its submission to the Court. We will also send you a full copy of the complaint so you can submit it to your insurer. This is how Reclamo.app simplifies your legal journey without you needing to be an expert.

Yes, but any complaint submitted by telephone must be submitted in writing within the following 24 to 48 hours. If you do not submit it in writing, it is of no use.

If you want to know how the submission is made, who can submit documents during the judicial proceedings, how the Court will communicate with you, or how to find out whether the complaint has been filed, you can find the answers to these questions in our General FAQ by clicking here.

Complaints take an average of 30 days to be processed, but you can find out sooner by going with the submission receipt we send you directly to the Registry and Distribution Office of the Courts in the judicial district where the complaint was filed. For example, if we file a complaint about events that took place in the city of Barcelona, we will need to go to the Registry and Distribution Office at the Barcelona Palace of Justice.

In the same way as finding out which Court is handling your complaint — by going with the submission receipt we send you directly to the Registry and Distribution Office of the Courts in the judicial district where the complaint was filed. There you will obtain the Court and the case number, which is all you need to communicate with the Court.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

The first thing you should know is that a complaint only serves to inform the Justice system of facts that constitute an offence, so that the necessary investigations can be initiated to identify the perpetrator, establish the details and take statements from witnesses. In the criminal courts there is always a Public Prosecutor who will be aware of your case, and you will also be able to contact them in person, by telephone or by email.

You can contact us and we will indicate which partner professional can defend you in the Court handling the complaint. The power of attorney does not need to be granted before a Notary; it can also be done electronically if you have a digital certificate.

Our primary function is to assist you with procedures and with drafting documents so that you can handle everything yourself, without needing a solicitor or procurator. You can also count on our support throughout the entire process through the various follow-up services we offer. If you need a one-off legal consultation, you can also request a video call with a solicitor specialising in Criminal Law who will be able to advise you on legal matters. The consultation will have a set cost and duration.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

Yes. A healthcare worker can report an assault even when there are no witnesses or recordings. Judges assess the victim's statement together with other indications, such as medical reports, calls to the police, reports from the healthcare centre or indirect witness evidence that may corroborate the reported events.

The assault may still constitute a criminal offence. If it occurs while the healthcare worker is carrying out their work, the conduct may be treated as an offence of assaulting a public authority, in addition to other offences such as causing injury, making threats or coercion.

Yes. If the aggressor is convicted of an offence, the judgment may result in a criminal record that will remain recorded in the Central Register of Convicted Persons for the period established by law.

The most common evidence used to prove an assault on a healthcare worker includes medical reports, security-camera recordings, statements from colleagues or patients, and police reports. Communications made immediately after the events and reports from the healthcare centre itself may also be considered.

Yes. Although the victim can report the matter directly, the healthcare centre may also bring it to the attention of the Police or the Court if the assault took place on its premises or while healthcare services were being provided.

In some cases, it is possible to reach an agreement during the criminal proceedings. Such an agreement usually involves acknowledging the facts and paying compensation to the victim, and may lead to a reduction in the penalty provided for by law.

Yes. Any person may file a complaint in relation to any type of offence with the same procedural guarantees as a Spanish citizen, regardless of whether or not you live in Spain.

You can find the answer to this question in 'Can judicial proceedings be initiated online?' (GENERAL FAQ)

Yes, it is perfectly valid as it is one of the legally accepted ways of filing a complaint. The receipt we send you will digitally certify the first page of the complaint and its submission to the Court. We will also send you a full copy of the complaint so you can submit it to your insurer. This is how Reclamo.app simplifies your legal journey without you needing to be an expert.

Yes, but any complaint submitted by telephone must be submitted in writing within the following 24 to 48 hours. If you do not submit it in writing, it is of no use.

If you want to know how the submission is made, who can submit documents during the judicial proceedings, how the Court will communicate with you, or how to find out whether the complaint has been filed, you can find the answers to these questions in our General FAQ by clicking here.

Complaints take an average of 30 days to be processed, but you can find out sooner by going with the submission receipt we send you directly to the Registry and Distribution Office of the Courts in the judicial district where the complaint was filed. For example, if we file a complaint about events that took place in the city of Barcelona, we will need to go to the Registry and Distribution Office at the Barcelona Palace of Justice.

In the same way as finding out which Court is handling your complaint — by going with the submission receipt we send you directly to the Registry and Distribution Office of the Courts in the judicial district where the complaint was filed. There you will obtain the Court and the case number, which is all you need to communicate with the Court.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

The first thing you should know is that a complaint only serves to inform the Justice system of facts that constitute an offence, so that the necessary investigations can be initiated to identify the perpetrator, establish the details and take statements from witnesses. In the criminal courts there is always a Public Prosecutor who will be aware of your case, and you will also be able to contact them in person, by telephone or by email.

You can contact us and we will indicate which partner professional can defend you in the Court handling the complaint. The power of attorney does not need to be granted before a Notary; it can also be done electronically if you have a digital certificate.

Our primary function is to assist you with procedures and with drafting documents so that you can handle everything yourself, without needing a solicitor or procurator. You can also count on our support throughout the entire process through the various follow-up services we offer. If you need a one-off legal consultation, you can also request a video call with a solicitor specialising in Criminal Law who will be able to advise you on legal matters. The consultation will have a set cost and duration.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

If your passport is stolen while you are travelling in Spain, you should report the theft or robbery as soon as possible. You should then contact your consulate or embassy to request a new travel document or an emergency travel document that will allow you to return to your country.

In some cases, it is possible to report a theft that took place in Spain even after you have returned to your country. This may be done through a legal representative or electronically, although it is always advisable to file the complaint as soon as possible after the offence.

There is no fixed time limit for investigating a theft. The length of the investigation depends on factors such as the availability of security-camera footage or witnesses, whether a suspect can be identified, and whether the stolen property is recovered. Each case may take a different amount of time depending on its circumstances.

Yes. Any person may file a complaint in relation to any type of offence with the same procedural guarantees as a Spanish citizen, regardless of whether or not you live in Spain.

You can find the answer to this question in 'Can judicial proceedings be initiated online?' (GENERAL FAQ)

Yes, it is perfectly valid as it is one of the legally accepted ways of filing a complaint. The receipt we send you will digitally certify the first page of the complaint and its submission to the Court. We will also send you a full copy of the complaint so you can submit it to your insurer. This is how Reclamo.app simplifies your legal journey without you needing to be an expert.

Yes, but any complaint submitted by telephone must be submitted in writing within the following 24 to 48 hours. If you do not submit it in writing, it is of no use.

If you want to know how the submission is made, who can submit documents during the judicial proceedings, how the Court will communicate with you, or how to find out whether the complaint has been filed, you can find the answers to these questions in our General FAQ by clicking here.

Complaints take an average of 30 days to be processed, but you can find out sooner by going with the submission receipt we send you directly to the Registry and Distribution Office of the Courts in the judicial district where the complaint was filed. For example, if we file a complaint about events that took place in the city of Barcelona, we will need to go to the Registry and Distribution Office at the Barcelona Palace of Justice.

In the same way as finding out which Court is handling your complaint — by going with the submission receipt we send you directly to the Registry and Distribution Office of the Courts in the judicial district where the complaint was filed. There you will obtain the Court and the case number, which is all you need to communicate with the Court.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

The first thing you should know is that a complaint only serves to inform the Justice system of facts that constitute an offence, so that the necessary investigations can be initiated to identify the perpetrator, establish the details and take statements from witnesses. In the criminal courts there is always a Public Prosecutor who will be aware of your case, and you will also be able to contact them in person, by telephone or by email.

You can contact us and we will indicate which partner professional can defend you in the Court handling the complaint. The power of attorney does not need to be granted before a Notary; it can also be done electronically if you have a digital certificate.

Our primary function is to assist you with procedures and with drafting documents so that you can handle everything yourself, without needing a solicitor or procurator. You can also count on our support throughout the entire process through the various follow-up services we offer. If you need a one-off legal consultation, you can also request a video call with a solicitor specialising in Criminal Law who will be able to advise you on legal matters. The consultation will have a set cost and duration.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

Theft consists of taking another person's property without using violence or intimidation. Robbery, by contrast, involves either using force to gain access to the place where the property is kept or using violence or intimidation against people in order to take it.

If the Police are unable to identify the person responsible for the robbery, the proceedings may be provisionally closed. This means that the investigation is suspended, although it may be reopened in the future if new evidence emerges or the person responsible is subsequently identified.

Yes. If the Police recover stolen property, it may be returned to its owner once ownership has been established. In some cases, the property may be retained temporarily as evidence during the criminal proceedings before being returned to the owner.

Any citizen can do so online through the Electronic Judicial Portal. You can also do so through Reclamo.app, which puts you just one click away from a solution.

Only liquid sums of money can be claimed (expressible in figures), that are certain (precisely known), due (where the payment deadline has passed) and enforceable (where the debtor is responsible for payment). For example, you can claim payment of invoices or unpaid bills, unpaid delivery notes, credits between the parties that are duly documented, and debts.

Yes, it is necessary, and it is always advisable to attempt to recover the debt amicably before initiating legal proceedings, so that there is a record of the formal demand for the debt before going to Court. We also assist you with drafting and sending the Burofax.

Documents may be of any type: invoices, delivery notes, contracts, certifications, telegrams, faxes or any other document that, even if created unilaterally by the creditor, is of the type customarily used to document credits and debts in relations between creditor and debtor.

The Judicial Defaulters Register (RIJ) is a specialist online platform for Solicitors designed by the General Council of the Spanish Bar Association that provides a debt recovery system and the inclusion of the debtor in the RIJ Defaulters File and, where the debt relates to natural persons, also in the Experian Judicial Defaulters File (FEIJ). This creditworthiness file is accessible to all members of the Bar throughout Spain, as well as to the country's financial and business community, so that all registered individuals will find their credit capacity, business reputation and Scoring and Rating criteria affected. In order to include a natural person or a company in the RIJ File, an express warning must be included in the Burofax or in the judicial documents at any stage of the proceedings.

As it is an online platform exclusively for Solicitors, only they will be able to register debts on the platform. Once registered, a certificate can be downloaded which we will send to you by email for your records.

No — adding the clause to any document carries no additional cost. The processing of inclusion in the Register and the documents required for this will carry an additional cost.

Natural persons are exempt from paying court fees in monitorio proceedings. For legal persons, if the amount claimed exceeds €2,000, the initial petition for monitorio proceedings is subject to a fixed fee of €100 plus a variable fee based on the amount claimed.

If you want to know how the submission is made, who can submit documents during the judicial proceedings, how the Court will communicate with you, or how to find out whether the claim has been filed, you can find the answers to these questions in our General FAQ by clicking here.

The defendant may agree to pay, which they can do directly to the claimant, or they may oppose the claim, stating that they do not owe that amount or that they only owe part of it. The defendant may also neither agree to pay nor oppose, in which case, once the deadline for making a statement has passed and they have not done so, the Court Clerk will set the amount that can be claimed in the subsequent enforcement proceedings.

From the date on which the enforcement order is issued, interest provided for in Article 576 of the Civil Procedure Act (LEC) will accrue — that is, an annual interest rate equal to the legal rate of money increased by two points, or such rate as agreed by the parties or established by special provision of the law.

No — only in certain cases and depending on how the proceedings develop. For example, if the debtor opposes and the debt is over €2,000, a solicitor will then be required. However, if they oppose and the debt is under €2,000, no solicitor will be required. A Solicitor will also be required in Enforcement Proceedings when the debt exceeds €2,000. Further details can be found on the website of the General Council of the Judiciary.

We assist you in preparing, drafting and submitting the monitorio claim. Once the claim has been submitted, we will send you a brief guide outlining the steps to take and how to proceed. We also answer any questions you may have about the proceedings during their course, so that you can act with full knowledge of all the options available. That is why our service simplifies your legal journey without you needing to be an expert.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

You can find the answer to this question in our General FAQ by clicking here..

As a general rule, actions to claim debts between individuals, companies or self-employed professionals become time-barred five years after the debt becomes payable. This period runs from the date on which payment should have been made.

If the debtor neither pays nor files an objection within the twenty-day period in the monitorio proceedings, the Court may order enforcement. This allows seizure proceedings to begin against the debtor's assets, bank accounts or income in order to recover the claimed debt.

If the debtor has no seizable assets at that time, the enforcement proceedings may remain pending until assets, bank accounts or income are found from which the debt can be paid. The debt will continue to exist for as long as it has not become legally time-barred.

Yes. A debt may be claimed even if there is no signed contract, provided there is evidence of the commercial relationship. This may include invoices, emails, orders, delivery notes or any other document demonstrating that the debt exists.

In certain cases, it is possible to claim late-payment interest and some costs arising from the failure to pay. These items may be included in the claim where they are provided for by law or were agreed in advance by the parties.

Any citizen can do so online through the Electronic Judicial Portal. The entire process is digital and verified, so act today with the confidence that it will work.

Only liquid sums of money can be claimed (expressible in figures), that are certain (precisely known), due (where the payment deadline has passed) and enforceable (where the debtor is responsible for payment). For example, you can claim payment of invoices, unpaid bills, debts, or residents' association expenses.

The first step is to hold a residents' association meeting in which two things are approved: the settlement of the debt owed by a specific owner to the Residents' Association; and authorisation for the president or administrator to pursue this judicially. Thereafter, the relevant decision must be communicated to the affected owner by means of a written notification.

It must first be done at the address the owner has registered for notifications relating to matters concerning the Residents' Association. If it is not possible to notify them at that address, they may be notified at the flat or premises they own within the Residents' Association. And, if neither of the above is possible, the decision must be displayed for three calendar days on the residents' association notice board or in a visible communal location. The date and the reasons for giving notification in this manner must also be included, and this must be signed by the Secretary of the Association with the endorsement of the President.

In this case, several documents are required: the certification of the residents' association meeting decision approving the settlement of the debt and its non-payment; a document certifying notification to the debtor of the decision approving the settlement of the debt; a document certifying the status of president or administrator of the Residents' Association and the authorisation to bring the claim; and receipts for expenses incurred by any prior payment demand (Post Office, Notary, etc.), if this was made, as well as a document certifying that it was carried out.

The Judicial Defaulters Register (RIJ) is a specialist online platform for Solicitors designed by the Council of the Spanish Bar Association that provides a debt recovery system and the inclusion of the debtor in the RIJ Defaulters File and, where the debt relates to natural persons, also in the Experian Judicial Defaulters File (FEIJ). This creditworthiness file is accessible to all members of the Bar throughout Spain, as well as to the country's financial and business community, so that all registered individuals will find their credit capacity, business reputation and Scoring and Rating criteria affected.

In order to include a natural person or a company in the RIJ File, an express warning must be included in the Burofax or in the judicial documents at any stage of the proceedings. Furthermore, for inclusion in the Register, a General Meeting of Residents must be convened to include on the agenda the authorisation for the president to communicate the data of defaulting owners to the RIJ file. This measure may be included in the community's bylaws and internal regulations and would thus automatically apply to future owners as well.

As it is an online platform exclusively for Solicitors, only they will be able to register debts on the platform. All procedures in the RIJ will be carried out through a Solicitor. Once registered, a certificate can be downloaded which we will send to you by email for your records.

No — adding the clause to any document carries no additional cost. The processing of inclusion in the Register and the documents required for this will carry an additional cost. Inclusion in the register is a decision you can make at any time.

Residents' Associations are exempt from paying court fees in monitorio proceedings under the agreement of the Directorate General of Taxation. As you can see, you can make a claim without any additional charges or costs, finding a solution with a single click.

If you want to know how the submission is made, who can submit documents during the judicial proceedings, how the Court will communicate with you, or how to find out whether the claim has been filed, you can find the answers to these questions in our General FAQ by clicking here.

The defendant may agree to pay, which they can do directly to the claimant, or they may oppose the claim, stating that they do not owe that amount or that they only owe part of it. The defendant may also neither agree to pay nor oppose, in which case, once the deadline for making a statement has passed and they have not done so, the Court Clerk will set the amount that can be claimed in the subsequent enforcement proceedings. As you can see, everything simplifies your legal journey without you needing to be an expert.

From the date on which the enforcement order is issued, interest provided for in Article 576 of the Civil Procedure Act (LEC) will accrue — that is, an annual interest rate equal to the legal rate of money increased by two points, or such rate as agreed by the parties or established by special provision of the law.

No — only in certain cases and depending on how the proceedings develop. For example, if the debtor opposes and the debt is over €2,000, a solicitor will then be required. However, if they oppose and the debt is under €2,000, no solicitor will be required. A Solicitor will also be required in Enforcement Proceedings when the debt exceeds €2,000. Further information can be found on the website of the General Council of the Judiciary.

Everything Reclamo.app does is designed to facilitate your access to justice and simplify the legal path without you needing to be an expert. We assist you in preparing, drafting and submitting the monitorio claim. Once the claim has been submitted, we will send you a brief guide outlining the steps to take and how to proceed. We also answer any questions you may have about the proceedings during their course, so that you can act with full knowledge of all the options available.

You can find the answer to this question in our General FAQ by clicking here. by clicking here.

You can find the answer to this question in our General FAQ by clicking here..

When an owner does not pay residents' association charges, the owners' meeting may approve the statement of the debt and claim it through monitorio proceedings. These proceedings allow the residents' association to pursue payment of the unpaid charges before the Court.

Owners who owe money to the residents' association may attend the owners' meeting, but they will normally not have the right to vote until their payments are up to date. This limitation is provided for in the Horizontal Property Act.

Yes. If the owner in arrears does not pay the debt following the relevant court proceedings, the Court may order the seizure of assets. In certain cases, even the property itself may be attached to secure payment of the unpaid residents' association charges.

The residents' association may report arrears at owners' meetings or in certain internal communications necessary for managing the association, provided that data-protection rules are respected and unnecessary disclosure is avoided.

No. A residents' association cannot deprive an owner of the use of shared elements or services as a means of forcing payment. It must use the legal procedures provided for to claim unpaid charges.