How much does a court agent (“procurador”) usually charge for a court case?

The court agent (“procurador”) charges according to an official scale of fees, approved in 2024, which sets maximum amounts depending on the sum claimed in the case. Before starting, they must give you a written quote, which may be lower than the scale but never higher. For example, in a case in which 6.000 euros is claimed, the maximum for the first instance is 223,11 euros, plus VAT. Any expenses the court agent pays on your behalf are charged separately.

José Manuel Alburquerque

Alburquerque Abogados

Litigation

What a court agent does and how their fees are set

The court agent is the person who represents you before the court. They file the pleadings prepared by the lawyer, receive notifications on your behalf and keep you informed of every step. A court agent is compulsory in most civil cases. One is not needed, for example, in proceedings in which only an amount of 2.000 euros or less is claimed, nor for the initial application in the order for payment procedure (“proceso monitorio”).

Unlike the lawyer, whose fees are freely agreed, the court agent charges according to a scale of fees approved by the Spanish Government. Since May 2024 that scale has only set maximum amounts. The court agent can agree a lower amount with you, but not a higher one. They are also obliged to give you an advance quote with the price they are offering and how it compares with the maximum under the scale. Everything they charge in the same matter, adding together all its instances, cannot exceed 75.000 euros.

The maximum amounts under the scale

For the first instance of a case, the maximum depends on the amount claimed, including interest that has already fallen due. It is charged in two parts, 70 % from the claim to the defence and the remaining 30 % up to the judgment. These are some examples of those maximum amounts:

  • If 3.000 euros is claimed, 133,87 euros.
  • If 6.000 euros is claimed, 223,11 euros.
  • If 12.000 euros is claimed, 356,99 euros.
  • If 60.000 euros is claimed, around 1.129 euros. The scale gives 1.026,36 euros, but in ordinary proceedings (“juicio ordinario”), which are those for claims of more than 15.000 euros, 10 % is added.
  • If the value of what is in dispute cannot be calculated, 351 euros, which also rises by 10 % in ordinary proceedings.

If there is an appeal, the maximum is the first-instance maximum plus 20 %. The enforcement of the judgment and certain specific steps, such as official letters to other bodies (“oficios”), have their own amounts. VAT is added to all of this. Disbursements (“suplidos”), which are the expenses the court agent pays on your behalf, such as a registry certificate or the publication of a notice, are paid separately. The court agent must keep the receipts and show them to you if you ask.

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.