What should you do when you receive a court claim?

Question

José Manuel Alburquerque · Accepted Answer

The first thing is to note the day on which it was delivered to you and the time limit you have been given to file a defence, because it is short and cannot be extended. In ordinary proceedings (“juicio ordinario”) it is twenty working days and in the “juicio verbal” (the simplified procedure), ten, counted from the day after delivery. Find a lawyer straight away, because to file a defence you generally need a lawyer and a court agent (“procurador”). If you cannot afford them, apply for legal aid (“justicia gratuita”) as soon as possible. Do not leave the claim unanswered, because the proceedings would go ahead without you. First of all, the time limit The claim arrives with copies of its documents and with a decision of the court admitting it and giving you a time limit for filing a written defence. That document also states the type of proceedings. Ordinary proceedings are those for claims of more than 15.000 euros and for certain specific matters. The “juicio verbal”, which is quicker, is for claims of up to that amount and for other matters that the law assigns to it. The time limit is counted in working days, so Saturdays, Sundays, public holidays, the days from 24 December to 6 January and the month of August do not count. If the claim was handed to a relative, an employee or the concierge because you were not in, the time limit still runs from that delivery. And if you believe that the court is not the right one, your lawyer will have to raise this within the first ten days of the time limit. What your lawyer will need So that your lawyer can prepare the defence in time, you should take them the following as soon as possible: The full claim, with all its documents and the paper showing the date of delivery. The contracts, invoices, receipts, emails and messages relating to what is being claimed from you. Your version of the events and the names of those who witnessed them, in case witnesses are needed. Any proposals for an agreement or claims you received before the court claim and what you replied. The defence is the time to say everything you have against the claim, for example that you have already paid, that the debt is time-barred or that it was the claimant who was in breach first. The documents on which your defence is based must generally be filed with it, because they are not normally admitted later. If you have something to claim from the claimant relating to what is in dispute, you can generally ask for it in the same proceedings, by means of what is known as a counterclaim. Your lawyer will also check whether the claim explains the prior attempt to reach an agreement, because the law generally requires an attempt to reach an agreement before a claim is brought. Lawyer, legal aid and reaching an agreement Except in “juicio verbal” proceedings for up to 2.000 euros, in which you can file your own defence using the forms provided by the court, you need a lawyer and a court agent. If you cannot afford them, apply for legal aid as soon as you receive the claim and inform the court within the time limit. The application does not stop the time limit by itself, but if you filed it within the time limit, the court may suspend the time limit until your application is decided or a court-appointed lawyer and court agent are assigned to you. Having received a claim does not prevent you from reaching an agreement with the person suing you. The proceedings can end that way at any time. While negotiations are under way, the prudent course is not to let the time limit for filing a defence pass.