How to File a Lawsuit in Madrid as a Foreigner – Legal Process & Court Basics

📝 Article Content

🏛️ Introduction

Are you a foreigner or business facing a legal dispute in Madrid? Whether it’s a property issue, contract breach, or civil conflict, understanding how to file a lawsuit in Madrid is crucial to protecting your rights. In this guide, we explain the process, timelines, and what to expect in court — all tailored to non-Spanish residents.


⚖️ 1. Can a Foreigner File a Lawsuit in Madrid?

Yes. Spanish law allows non-residents, expats, and foreign companies to initiate legal proceedings in Madrid courts. Common litigation cases include:

  • Property disputes

  • Contract breaches

  • Debt recovery

  • Inheritance conflicts

  • Civil or commercial damages

➡️ If you’re not a Spanish national, you’ll need:

  • A Spanish lawyer (abogado)

  • NIE number (Foreigner Identification Number)

  • Legal address for notifications (domicilio legal)


📝 2. Required Documents to File a Lawsuit

To file a demanda (lawsuit), you will need:

  • Your identification (passport + NIE)

  • Power of attorney (if your lawyer represents you)

  • Evidence and contracts

  • Expert reports (if applicable)

  • Civil registry certificates (for inheritance/family claims)

📌 Tip: Use an apoderado (representative via power of attorney) if you live outside Spain.


⏱️ 3. Timeline of a Lawsuit in Madrid

Step Timeframe
Lawyer drafts claim (demanda) 1–3 weeks
Court accepts the claim 1–2 months
Defendant responds 20 business days
Preliminary hearing 2–4 months later
Final hearing & judgment 6–12 months total

🔔 Appeals may add another 6–12 months.


⚖️ 4. Which Court Handles Your Case?

In Madrid, your lawsuit will fall under:

  • Juzgado de Primera Instancia (First Instance Court) – Civil disputes

  • Juzgado de lo Mercantil – Commercial litigation

  • Juzgado de lo Contencioso-Administrativo – If suing a public body

📍 Courts are located across several districts. Your case is assigned based on jurisdiction and subject matter.


👨‍💼 5. Why You Need a Spanish Litigation Lawyer

Foreign plaintiffs are required to be represented by:

  • Abogado (litigation lawyer)

  • Procurador (mandatory legal agent for court notifications)

A local lawyer ensures:

  • Your case complies with Spanish procedural law

  • Deadlines and filings are handled properly

  • Expert negotiation or settlement opportunities

💡 Need help finding a trusted English-speaking lawyer in Madrid? Borderless Lawyers can help.


📩 Conclusion & Call to Action

If you’re planning to file a lawsuit in Madrid, don’t navigate the process alone. An experienced local litigation lawyer can make all the difference — from preparing your claim to defending your rights in court.

👉 Need legal help filing a lawsuit in Madrid?
Contact Borderless Lawyers for expert litigation support tailored to expats and foreign investors.

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