How can you sue someone who lives in another country?

Question

José Manuel Alburquerque · Accepted Answer

It depends on the country and on what is being claimed. As a rule, you have to sue in the country where the debtor lives, although sometimes you can do so in Spain, for example if the contract was to be performed here or if it was agreed in writing that the Spanish courts would decide. If the debtor lives in another European Union country, except Denmark, there are two simple EU-wide procedures, one for claims of up to 5.000 euros and another for money debts that the debtor does not dispute. A Spanish judgment can be enforced in another EU country without any prior procedure to have it recognised. Outside the EU, everything depends on the law of each country and on the treaties it has with Spain. Where to sue Within the European Union, this is decided by an EU regulation that applies in every country. Its main rules are as follows: The general rule is to sue in the country where the defendant lives. In contracts, you can also sue in the country where the obligation was to be performed. In a sale of goods, that is the country where the goods were delivered or should have been delivered. For services, it is the country where they were provided or should have been provided. If the parties agreed in writing which courts would decide, that agreement is generally valid. If the debtor is a consumer, as a rule they can only be sued in the country where they live. If you sue in Spain, the court has to get the claim to the debtor in their country, through the channels for cooperation between States and, if necessary, with a translation. That makes the proceedings longer. In Spanish proceedings under the “juicio verbal” (the simplified procedure) and in ordinary proceedings (“juicio ordinario”), the law generally requires an attempt to reach an agreement before a claim is brought. The European procedures If the debtor lives in another EU country, except Denmark, there are two procedures designed for these cases. They use standard forms, which are filed in the language of the court, without the need for a lawyer: The European Small Claims Procedure, for claims of up to 5.000 euros, not counting interest or costs. It is a written procedure. The defendant has thirty days to respond and the court has a further thirty to give judgment or ask for more information. The European order for payment, for money debts that the debtor does not dispute, whatever the amount. The court requires the debtor to pay. If they do not object within thirty days, the order can be enforced throughout the EU. If they object, the matter goes to normal court proceedings in the country of the court. For these two procedures, Spanish law does not require a prior attempt to reach an agreement. In Spain they are filed at the relevant first-instance court (“tribunal de instancia”). The Spanish order for payment procedure (“proceso monitorio”), on the other hand, generally cannot be used against someone who lives in another EU country. With the judgment or the order, attachment is applied for in the country where the debtor has their assets, by presenting a certificate there and, if necessary, a translation. If the debtor lives outside the European Union There are no common procedures. Which court can decide, how the claim is notified and whether the Spanish judgment will be effective in that country depend on Spanish law, on the law of the other country and on the treaties between the two. Normally, to attach the debtor's assets there, you will first have to apply for the Spanish judgment to be recognised. Before suing, check whether the debtor has assets or income in Spain. If they do and the Spanish courts can decide, suing and attaching assets here is usually the simplest option. If everything they have is abroad, it is advisable to find out about that country's rules first, because the cost of claiming there may outweigh what is owed.