Are costs payable in “juicio verbal” claims under 2.000 euros?
Yes, there can be a costs order, under the same rule as in other proceedings, but the costs are usually small. In claims of up to 2.000 euros neither a lawyer nor a court agent (“procurador”) is compulsory, so if a party hires them, their fees are in principle excluded from the costs. The losing party does not usually pay the other side's lawyer, although it does pay other expenses, such as the expert. There are exceptions, for example if the judge finds recklessness (“temeridad”) on the part of the losing party.
Alburquerque Abogados
The rule
In a “juicio verbal” (the simplified procedure) for an amount of up to 2.000 euros, the judge decides on costs as in any other case. If the judge rejects everything a party asked for, that party is in principle ordered to pay the costs, unless the case raised serious doubts of fact or law. If each party wins on some points, each pays its own.
What changes is what is included in the costs. The law only includes the fees of the lawyer and the court agent when their involvement is compulsory. In these proceedings it is not. Other expenses are included, such as the expert's fees or the copies and certificates that had to be obtained. If you hire a lawyer for a case of this kind, bear in mind that you will not normally recover their fees even if you win.
When the other side's lawyer has to be paid
Even though the lawyer and the court agent were not compulsory, the law includes their fees in the costs in the following cases:
- If the judge finds recklessness on the part of the losing party, that is, that they litigated knowing they were in the wrong, or that they abused the public justice service. In that case the usual cap of one third of the value of the case does not apply.
- If the winning party is domiciled in another judicial district, that is, outside the area covered by the court where the trial was held. In that case no more than one third of the value of the case is payable, which in a case worth 1.500 euros is 500 euros.
- If the winning party is a consumer who sued with a lawyer after claiming unsuccessfully out of court. In that case there is no cap either.
The law generally requires an attempt to reach an agreement before bringing a claim, including in these claims. Anyone who refuses without good reason to take part in that attempt may not be awarded costs even if they win or may have to pay them even if they lose only in part.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.