🏖️ Live or Invest in Malaga? You Can Resolve Minor Disputes Legally and Affordably
If you’re a foreign resident, landlord, freelancer, or property buyer in Malaga owed money or facing a low-value dispute, Spain offers a simplified legal process through its small claims court.
This guide explains how to file a case, what counts as a small claim, and how a local lawyer can help — even if you’re abroad.
📏 What Qualifies as a Small Claim in Spain?
Spain’s small claims court procedure (juicio verbal) is available for:
✅ Debts under €6,000
✅ Unpaid rent or invoices
✅ Faulty goods or services
✅ Refunds or deposits not returned
✅ Simple contract disputes
💡 No hearing is needed if the claim is under €2,000 and the defendant does not contest it.
📍 Where to File in Malaga
Small claims cases are filed in the Juzgados de Primera Instancia in Malaga city or the court closest to:
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The defendant’s address
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The location of the contract or transaction
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The property involved
🧾 Step-by-Step: Filing a Small Claim
1. 📨 Send a Formal Demand (Optional)
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A Burofax notifies the other party of the claim
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Often leads to voluntary payment
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Helps build your legal case
2. 🧑⚖️ File a Verbal Lawsuit (Juicio Verbal)
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Submit a written claim with evidence
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Use official forms (available in Spanish)
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A lawyer is optional if claim is under €2,000
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Over €2,000: lawyer and procurador are required
3. 📝 Court Reviews the Case
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If uncontested: judgment is issued directly
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If contested: a short hearing may be scheduled
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Final judgment is enforceable like any other court ruling
📑 Documents You’ll Need
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NIE and passport
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Contract, invoice, or agreement
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Proof of breach or non-payment
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Bank records or communication
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Address of the other party
⏳ How Long Does It Take?
| Step | Time Estimate |
|---|---|
| Drafting legal demand | 1–2 days |
| Court filing to response | 1–2 months |
| Hearing (if needed) | 2–4 months later |
| Judgment enforcement | 1–3 months |
✅ Malaga courts handle many small claims efficiently — especially uncontested ones.
💶 Legal Costs in Small Claims Cases
| Service | Typical Cost |
|---|---|
| Legal assistance (under €2,000 claim) | €300–€900 |
| Lawyer + procurador (over €2,000) | €1,200–€2,500+ |
| Court fees | Often waived |
| Enforcement costs | Varies by case |
✅ If you win, legal fees may be recoverable from the other party.
🛡️ How We Help Foreign Clients in Malaga
We assist with:
✅ Reviewing your case and claim value
✅ Drafting and sending demand letters
✅ Filing lawsuits in Malaga’s small claims court
✅ Representing you in hearings (if needed)
✅ Enforcing final judgments
All without needing to travel — we handle the process remotely with Power of Attorney.
📞 Need to File a Small Claim in Malaga?
If you’re owed money or in a legal dispute under €6,000, our team can help you resolve it quickly and legally through Malaga’s small claims process.
👉 Contact our Malaga lawyers today for a consultation.