What happens if I do not reply to the “MASC” (appropriate dispute resolution method)?

Question

José Manuel Alburquerque · Accepted Answer

You are not obliged to reply or to accept what is proposed to you, but staying silent has consequences. If thirty calendar days pass from when you received the invitation to negotiate without you replying, the other party can then sue you, even if you have not collected the “burofax” (a certified letter with proof of content) after the notice from “Correos”, the Spanish postal service. In addition, the judge may consider that you refused to negotiate without good reason, something that is taken into account when deciding who pays the costs, which are mainly the fees of lawyers and court agents (“procuradores”), even if you win the case. The prudent course is to reply in writing, even if only to reject the proposal or to make another one. The other party can still sue The law does not oblige you to negotiate, but nor does it allow silence to block the case. If you do not reply within thirty calendar days of receiving the invitation, the attempt is deemed to have been made and the other party can file the claim. If you expressly reject it, they can do so sooner. The same happens if you are summoned to conciliation and fail to attend without good cause. In Barcelona, it is a criterion agreed by the civil sections of the “Audiencia Provincial” (the provincial appeal court) that it is enough to prove that you received the invitation. An item that is not collected from the post office after a notice has been left also counts. Not collecting it does not prevent the claim. The invitation also generally interrupts the time limit the other party has to claim against you, so staying silent does not buy you time either. What you risk on costs Since 2025, the “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, has taken into account who refused to negotiate without just cause when the attempt was compulsory. If the judge considers that your silence was such a refusal, the consequences may be the following: If you win the case outright, the other party will not be ordered to pay your costs, so you will pay your own lawyer and court agent. If you win only in part, the judge may order you to pay the costs, although the normal rule in that case is that each party pays its own. If the other party loses the case, they may be relieved of paying your costs, unless the judge finds that they made abusive use of the courts. If, once sued, you accept that the other party is right, which is known as accepting the claim (“allanarse”), you will be ordered to pay the costs, unless the judge finds that there are exceptional circumstances. How to reply Replying does not oblige you to accept anything. What is said in the negotiation is confidential and, in principle, cannot be used at trial. A useful reply can do any of the following: Ask for the documents that support what is being claimed from you, such as the contract, the invoices or the calculation of the debt. Explain why you disagree, for example because you have already paid or because the amount is wrong. Propose another solution, such as payment in instalments, a reduction or a meeting. Do so in writing and by a method that leaves a record that the other party received your reply. If the amount is significant or the matter is complex, consult a lawyer before replying.