How many days does the defendant have to file a defence?
It depends on the type of proceedings, which is stated in the court decision that accompanies the claim. In ordinary proceedings (“juicio ordinario”), used for claims of more than 15.000 euros and for certain matters, the defendant has twenty working days. In the “juicio verbal” (the simplified procedure), used for claims of up to that amount and for other matters, they have ten working days. In both cases the time limit starts on the day after delivery and Saturdays, Sundays, public holidays, the days from 24 December to 6 January and the month of August do not count.
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How it is counted
The time limit starts to run on the day after the one on which the claim was delivered to you, even if it was received at your home by a relative, an employee or the concierge. The public holidays that do not count are national ones and those of the autonomous community and of the locality where the court sits. In addition, the defence can still be filed until three o'clock in the afternoon on the working day after the last day of the time limit.
For example, if the claim in a “juicio verbal” is delivered to you on Monday 9 November 2026, the time limit starts on Tuesday 10 and, if there are no public holidays in between, ends on Monday 23 November. The defence could be filed until three o'clock in the afternoon on Tuesday 24. Leaving it that late is not wise, because any unforeseen problem could leave you without a defence.
Other time limits that get confused with this one
Some procedures have their own rules and these should not be confused with the rules for filing a defence:
- In eviction proceedings for non-payment, the court's demand gives the tenant ten days to pay, leave the home or commercial premises or object.
- In the order for payment procedure (“proceso monitorio”), the fast-track procedure for claiming debts that are recorded in documents, what you receive is not a claim but a demand for payment, with twenty working days to pay or object.
If the time limit is missed
The law states that its time limits cannot be extended. They only stop running in exceptional cases, such as force majeure that makes it impossible to act, or while a “declinatoria” is being decided, this being the document in which the defendant disputes that the court has jurisdiction. The court may also suspend the time limit if the defendant applied for legal aid (“justicia gratuita”) in time.
If you neither appear in the proceedings nor file a defence within the time limit, the court declares you in default (“rebeldía”) and the proceedings continue without your defence. You can appear in the proceedings later, but you will no longer be able to file a defence or submit the documents that should have accompanied it.
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.