Do you have to try to negotiate with a neighbour in arrears before taking them to court?

Question

José Manuel Alburquerque · Accepted Answer

The prudent course is always to do so. Since 3 April 2025, before bringing a civil claim, an attempt must generally be made at negotiation or another means of resolving the dispute without going to court. The courts disagree on whether this applies to the “monitorio”, the procedure used to claim service charges in court, but in Barcelona the courts, in their internal guidelines, take it for granted that the attempt is made before it is filed. Demanding payment is not enough. The owner in arrears must be genuinely invited to negotiate and it must be possible to prove that they received the invitation. What the courts say The law does not expressly exclude the “monitorio” brought by owners' associations (“comunidades de propietarios”), although some provincial appeal courts outside Catalonia accept the demand for payment as sufficient. In Barcelona, the court clerks (“letrados de la Administración de Justicia”), who process “monitorio” applications in the courts, take it for granted that the attempt at negotiation has been made before the application is filed. These are internal guidelines for processing cases, not a rule of law. The “Audiencia Provincial” of Barcelona, the provincial appeal court, has held, as a general rule, that a mere demand for payment warning that the matter will go to court is not enough. On the other hand, a good-faith invitation to negotiate that identifies the debt is enough, even if it does not include a specific proposal. If the owner in arrears does not reply or rejects it, it is enough to prove that they received it. If the owner in arrears objects to the “monitorio”, no further attempt is needed for the court proceedings that follow. How to do it Send the owner in arrears a letter setting out the details of the debt, as approved by the owners' general meeting, asking for payment and genuinely inviting them to negotiate. Including a proposal, such as a payment plan with a deadline for replying, is not compulsory in Barcelona, but it makes the attempt more robust. Send it by a means that leaves a record of sending and receipt, such as a “burofax” (a certified letter with proof of content), an email or a WhatsApp message, provided that there is proof that they received it. Keep that proof, because it will have to be submitted to the court. If they do not reply within thirty days of receiving it, the “monitorio” can then be filed. That letter also serves as a formal demand for payment, which Catalan law requires for the “monitorio”. It also interrupts the three-year time limit for claiming. If deferrals or reductions are going to be offered, the general meeting should first set how far the association is prepared to go. The president or the managing agent should not write off any debt on their own initiative. If the managing agent handles many claims The managing agent can work with templates, but sending the same letter to all the owners in arrears, without adapting it to each debt, may not be enough as an attempt at negotiation. Each letter must refer to that owner's specific debt. Before sending it, it is advisable to check the amount, any partial payments, previous claims and whether any payment is about to become time-barred. For each case, a record must be kept of what was sent, when, to whom, by what means and with what result. The replies must also be read, because a complaint about the amount or an offer of part payment may change what it is advisable to do. If several owners raise the same objection, the problem may lie in how the debt was calculated. To prove the attempt, it is enough to be able to show what was done, when and in respect of which debt, without taking everything that was discussed to court.