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Enforcement of Foreign Judgments in Spain: What Foreigners Need to Know

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Enforcement of Foreign Judgments in Spain: What Foreigners Need to Know

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If you have a court judgment from another country, enforcing it in Spain can be critical to recovering debts or rights. Spain provides legal pathways to recognize and enforce foreign judgments, especially within the EU and countries with treaties.

This article explains the process, requirements, and challenges of enforcement for foreign individuals and businesses.

⚖️ Legal Framework

  • EU countries: Enforcement governed by Brussels I bis Regulation (Council Regulation (EC) No 1215/2012) — automatic recognition without a review on the merits

  • Non-EU countries: Enforcement requires exequatur procedure under Spanish Civil Procedure Law, often based on bilateral treaties or reciprocity

📝 Step-by-Step Enforcement Procedure

1. Check if your judgment qualifies

  • Must be final and enforceable in the originating country

  • Falls under civil or commercial jurisdiction

  • Not contrary to Spanish public policy or fundamental rights

2. File a request for enforcement

  • Submit foreign judgment, certified translation, and related documents to Spanish court

  • Evidence of notification to the losing party is required

3. Spanish court review

  • Courts verify formal requirements and whether enforcement conditions are met

  • Limited review; courts don’t retry the merits

4. Enforcement order

  • If accepted, Spanish court issues an enforcement order (auto de ejecución)

  • Enforcement officers can seize assets, bank accounts, or wages

🌐 Common Scenarios for Enforcement

  • Debt collection judgments

  • Divorce and child custody decisions (within EU)

  • Contractual disputes

  • Property claims

  • Business judgments

⏳ Timelines and Costs

Step Estimated Time
Documentation and filing 1–2 months
Court review 2–4 months
Enforcement actions Variable

Costs include lawyer fees, court fees, and translations.

🧳 Requirements for Foreigners

Foreign parties need:

  • Spanish legal representation

  • Certified translations of foreign documents

  • Power of attorney for representation in Spain

🤝 How Borderless Lawyers Can Help

We assist in:

  • Assessing enforceability of foreign judgments

  • Preparing and filing enforcement applications

  • Representing you before Spanish courts

  • Executing judgments and seizing assets

  • Advising on cross-border enforcement strategies

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