When does a case go through the “juicio verbal” (the simplified procedure) and when through ordinary proceedings (“juicio ordinario”)?

Question

José Manuel Alburquerque · Accepted Answer

It depends mainly on the amount claimed. Since 3 April 2025, claims of up to 15.000 euros go through the “juicio verbal” and larger claims, or claims whose value cannot be calculated, through ordinary proceedings. There are matters, however, that the law always assigns to one of the two whatever the amount, such as eviction for non-payment, which always goes through the “juicio verbal”, or claims concerning the right to honour, which always go through ordinary proceedings. The “juicio verbal” is simpler and usually quicker. What the amount determines The general rule looks at what is being claimed. If a sum of money is sought, that sum is what counts. If something else is sought, such as the handover of an asset, its economic value is what counts. Under the reform made by Organic Law 1/2025 (“Ley Orgánica 1/2025”), which applies to claims filed from 3 April 2025, the thresholds are as follows: Up to 15.000 euros, the “juicio verbal”. Before the reform, the limit was 6.000 euros. Over 15.000 euros, ordinary proceedings. If the economic value cannot be calculated, not even approximately, ordinary proceedings as well. The claimant states in the claim the amount and the type of proceedings that applies. The court checks this and the defendant can dispute the amount in their defence. Matters that do not depend on the amount The law reserves certain matters for one of the two types of proceedings, whatever their value. The following, among others, always go through the “juicio verbal”: Eviction for non-payment or at the end of the tenancy and claims for the rent owed by the tenant. Recovering a property occupied by permission (“precario”), that is, without paying anything. The swift protection of possession against whoever takes it away or interferes with it. Claims for maintenance, which is the allowance that one relative must pay another to cover their needs. The division of an asset owned in common by several people, such as a flat bought in equal shares. The following, among others, always go through ordinary proceedings: Claims concerning the right to honour, privacy, one's own image and other fundamental rights, except for the correction of published information. Challenging the resolutions of a company's general meeting. Matters of unfair competition, industrial property, intellectual property and advertising, unless only money is being claimed. Rights of redemption (“retractos”), that is, the right of certain people, such as a co-owner, to take what has been sold in place of the buyer, paying the same price as the buyer. How they differ Ordinary proceedings involve more steps. The defendant has twenty days to file a defence. Then there is a preliminary hearing (“audiencia previa”), a first appearance in court at which an attempt is made to reach an agreement, the disputed facts are defined and the evidence is proposed. Later the trial is held, at which that evidence is taken. The “juicio verbal” is more streamlined. The defendant files a written defence within ten days, the evidence is also proposed in writing and the judge decides whether a hearing is needed, which may not take place if there are only documents. If it is used because of the amount claimed, there are two further differences. Up to 2.000 euros, no lawyer or court agent (“procurador”) is needed. Up to 3.000 euros, the judgment cannot be appealed. In both types of proceedings, the law generally requires an attempt to reach an agreement before a claim is brought.