How can you file a claim in court without a lawyer?

Question

José Manuel Alburquerque · Accepted Answer

When claiming money in a civil court, this is only possible if you are claiming 2.000 euros or less under the “juicio verbal” (the simplified procedure) or if you are filing the initial application in an order for payment procedure (“proceso monitorio”), the procedure for recovering money debts that are recorded in documents, whatever the amount. In all other cases, a lawyer and a court agent (“procurador”) are, as a rule, compulsory. In these cases a simple claim is enough, for which the court provides an official form. In it you must identify the defendant and give their address, say what you are claiming and on what grounds and attach the documents that prove it. As the law generally requires an attempt to reach an agreement before a claim is brought, you must also provide proof of that attempt. When it is possible The exception depends on the amount. In the “juicio verbal”, the simplest procedure, you can bring the claim yourself if what you are claiming does not exceed 2.000 euros. The defendant can also file a defence without a lawyer. You can start an order for payment procedure without a lawyer or a court agent whatever the amount, but if the debtor objects and more than 2.000 euros is being claimed, they are needed for the court proceedings that follow. The fact that they are not compulsory does not stop you from hiring them. In a disputed matter, for example if the defendant denies the debt, it is advisable at least to take advice beforehand. How to prepare and file it In these cases the law allows a succinct claim, that is, a short one. You can use the official form, which is available at the court and on the courts' online portal (the “sede judicial electrónica”), or write it yourself. It must include the following: Your details and those of the defendant, with the address or addresses at which they can be summoned and any other information that helps to locate them, such as their phone number or email address. What you are claiming, with the exact amount. The facts on which it is based, set out clearly and in order. Together with the claim you must file proof that you invited the defendant to negotiate and the documents that prove the debt, such as the contract, the invoices or the messages. It is normally filed at the first-instance court (“tribunal de instancia”) for the place where the defendant lives, which throughout Catalonia has replaced the former courts of first instance since the end of 2025. There are exceptions, such as claims arising from a traffic accident, which are filed where the accident happened. If you are a private individual, you can file it on paper, with a copy of the claim and of the documents for each defendant, or online with a digital certificate. Companies and other legal entities must file it electronically. In Catalonia you can write it in Catalan or in Spanish. What happens next The court admits the claim and gives the defendant ten days to file a written defence. After that, both parties have five days to propose the evidence they want to use, such as witnesses or the testimony of the other party. The judge then decides whether a hearing is needed, that is, an oral session in court. If there are only documents, there is normally no hearing and the judge gives judgment straight away. If there is a hearing, bring the originals of the documents and make sure that the witnesses the judge has admitted attend. If the defendant does not respond, the proceedings continue without them, although that does not mean that the judge will automatically rule in your favour. The judgment cannot be appealed if the amount claimed does not exceed 3.000 euros.