With its strong expat community and active property market, Málaga is a common location for legal disputes involving foreigners. Whether you’re a buyer, heir, or investor, understanding how litigation in Málaga works is crucial to protecting your rights in Spain. This article outlines the types of cases that go to court and how foreigners can navigate the legal system effectively.
🌍 1. Why Foreigners Often End Up in Court in Málaga
Common reasons include:
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🏘️ Property purchase gone wrong (undisclosed defects, deposits withheld)
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👪 Inheritance conflicts between foreign heirs and local claimants
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📄 Contract breaches or unpaid debts
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💶 Disputes with agents, tenants, or local service providers
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🛠️ Construction or renovation disagreements
📌 Málaga’s international appeal makes it a litigation hotspot — especially for buyers from the UK, Germany, Scandinavia, and Latin America.
⚖️ 2. Where Legal Disputes Are Handled
Most litigation matters are heard in:
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Juzgados de Primera Instancia de Málaga – for civil cases (property, inheritance, contracts)
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Juzgados de lo Mercantil de Málaga – for commercial disputes (business, shareholder claims)
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Contentious-Administrative Courts – for legal issues involving the town hall, licenses, or taxes
📌 Your lawyer will determine the correct venue and jurisdiction based on your case type and the parties involved.
📑 3. Types of Litigation Commonly Involving Foreigners
| Type of Dispute | Examples |
|---|---|
| 🏠 Real estate | Deposit disputes, building flaws, title problems |
| 👪 Inheritance | Will challenges, unequal shares, cross-border probate |
| 📄 Contractual | Rental or services contracts breached |
| 💼 Business | JV breakdowns, unpaid invoices, or misrepresentation |
| 💰 Debt recovery | Foreign creditor enforcing against Spanish debtor |
🔍 4. Legal Requirements to Litigate in Spain
As a foreigner, to bring or defend a claim you’ll need:
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An abogado (lawyer licensed in Spain)
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A procurador (court agent) for most civil claims
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A NIE (Número de Identidad de Extranjero)
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Translations of foreign documents if relevant
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Optional power of attorney to act on your behalf
💡 With power of attorney, you do not need to attend court in person — your legal team handles it.
👨⚖️ 5. Litigation Timeline in Málaga Courts
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Demand letter or mediation (optional): 2–4 weeks
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Filing the claim: 1–2 weeks
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Court acceptance & scheduling: 1–6 months
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Hearing & ruling: Varies by court workload (typically 6–18 months)
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Appeals: Available but time-limited (20 days after ruling)
📌 Many clients opt for pre-court negotiation first — but be prepared to go to trial if no settlement is reached.
👨💼 6. Why Work With a Litigation Lawyer Familiar With Foreign Clients?
At Borderless Lawyers, we only work with litigators who specialize in helping foreigners, especially those:
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Buying or inheriting property in Málaga
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Dealing with Spanish family members or co-owners
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Involved in contract disputes as non-residents
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Based abroad but needing full court representation locally
✅ Our lawyers can act for you even if you’re in another country — and ensure you’re not misled by confusing paperwork or local bureaucracy.
📩 Conclusion & CTA
Legal disputes in Málaga don’t have to overwhelm you. Whether it’s a property issue, inheritance challenge, or business disagreement, you have rights — and you can enforce them with proper legal help.
👉 Need help with a litigation matter in Málaga?
Borderless Lawyers will connect you with a litigation expert who defends the interests of international clients in Spanish courts.