In Spain, when a “demanda” (civil claim) is served on you, you have a deadline in working days to respond through a lawyer and a court agent (procurador): 20 days in ordinary proceedings, 10 days in verbal proceedings, and 20 days to pay or oppose a payment order (monitorio). If you do not respond, the case continues without you (in default, “rebeldía”) and you will most likely be ordered to pay, with interest and costs. Send us the document the same day: 618 799 647 or WhatsApp.
What a “demanda” is and why the clock is running
A demanda is the document by which a person, company, bank, residents’ association or your landlord starts civil proceedings against you before the court in Vilanova i la Geltrú (or another competent court). When the court serves it on you, a deadline to respond starts. It is strict and counted in working days: Saturdays, Sundays, public holidays and the month of August (except urgent proceedings) do not count.
The most common cases among our English-speaking clients in the Garraf:
- Debt recovery: cards, loans, invoices, building work, community charges.
- Eviction (desahucio) and unpaid rent, or disputed end of tenancy.
- Payment order (monitorio): a demand for payment which, if not opposed within 20 days, becomes enforceable.
- Liability claims: accidents, damage, construction defects.
- Family: contested divorce, variation of measures, maintenance.
- Enforcement: bank account or salary seizure where a judgment or title already exists.
If you do not respond
Once the deadline passes, the court declares you “en rebeldía”. The claim is not automatically granted, but you lose the right to present your arguments and evidence and to challenge the figures: the judge decides on the other side’s version alone. In a monitorio, failing to oppose leads directly to enforcement against your assets, including a property in Sitges.
There are remedies when the service was irregular (old address, notice by publication, residence abroad), but they are exceptions. The rule: every day counts.
A summons, a lawsuit or a deadline running?
Call now or message us on WhatsApp. Same-day reply and a fixed written quote within 24 hours.
How we defend you
- Today: reading the claim.You send us the demanda and the notice of service. We calculate the exact deadline and identify the procedure.
- Within 24 hours: quote and strategy.In writing. Respond and defend, oppose in part, negotiate a payment or a settlement, or file a counterclaim.
- Written response (contestación).Defences (limitation, lack of standing, payment, unfair terms, wrong amounts) and evidence. Appointment of a procurador.
- Hearing.We go with you to the preliminary hearing or the trial before the court in Vilanova i la Geltrú, with an interpreter if needed.
- Judgment and after.Appeal if necessary, or enforcement of the settlement reached.
Deadlines at a glance
| Procedure | Deadline | If you do nothing |
|---|---|---|
| Ordinary proceedings (over 15,000 € or special matters) | 20 working days to respond | Default: the case goes on without you |
| Verbal proceedings (up to 15,000 €, evictions, maintenance) | 10 working days to respond | Default; in eviction, a removal date |
| Payment order (monitorio, documented debts) | 20 working days to pay or oppose | Direct enforcement against your assets |
| Enforcement (judgment, notarial deed, mortgage) | 10 working days to oppose | Seizure and forced sale |
Deadlines are counted in working days from the day after service. If you live abroad and received the claim by post or at an old address, the validity of the service must be checked immediately.
Non-resident owners: a word of warning
Many English speakers own a property in Sitges without living there all year. Court notices are often served at the Spanish address, and the deadline runs even if you have not read the letter. We check the validity of the service and, if you wish, we can receive notices on your behalf to avoid this risk.
A summons, a lawsuit or a deadline running?
Call now or message us on WhatsApp. Same-day reply and a fixed written quote within 24 hours.
Frequently asked questions
I received the demanda today. When does the deadline start?
On the working day after service. Send us the notice of service and we confirm the final date immediately.
Can I respond myself, without a lawyer?
Only in verbal proceedings under 2,000 euros. In all other procedures a lawyer and a procurador are compulsory. Even where they are not, a poorly drafted response is expensive.
I cannot pay the debt. Is it worth responding?
Often, yes: interest and charges can be challenged, instalments or a reduction negotiated. And if the debt is correct, responding can avoid unnecessary costs. We tell you after reading the file.
My tenant stopped paying / my landlord wants to evict me. What are the deadlines?
Evictions run as verbal proceedings: 10 working days to respond. The options (paying the arrears to stop a first eviction, extensions, vulnerability) must be raised within that period.
Do you work with a procurador in Vilanova i la Geltrú?
Yes. We coordinate a procurador for the Vilanova i la Geltrú court district and include the cost in the quote, with no surprises.
What happens after the defence is filed?
In the “juicio verbal” the court lists a hearing (or decides on the papers if neither side asks for a hearing and the judge considers it unnecessary). In the “juicio ordinario” there is first a preliminary hearing, where the disputed facts are settled and evidence admitted, and then the trial. In between there is almost always room to negotiate: many cases end in a settlement, with instalments or a partial write-off.