SERVICE SUMMONS ABROAD
Dear clients and readers,
We frequently receive a lot of enquiries from clients residing in Spain (both individuals or corporate), as the defendant lives for example in England or the United Estates.
How can the service be legally done?
In the first place, regarding civil claims, do not forget the particulars of the claim will have to be translated into English by an official translator, and the claimant will have to cover for all the translation’s costs.
Second, once that the claim has been filed by the plaintiff, it will be allocated by the Spanish court of the first instance, and the court clerk will grant leave to proceed for the claim against the defendant.
Third, the Court will serve notice of the claim to the defendant, submitting a copy of the claim and of the attached documents; citing said party, by also submitting the corresponding summons, to reply within TWO MONTHS starting the day after the citation. (when the defendant lives in Spain, he is given 20 workable days to respond to the claim).
Fourth, the defendant is warned that should he fail to reply on time, he will be declared in contempt of court (Article 496.1 CPL). The defendant is also warned that he must appear in court by means of an Attorney (procurator in Spanish) and with the counsel of a lawyer (Article 23 and 31 CPL). Remember that this representation must be done by means of a power of attorney to act in court, officially granted at the Spanish consulate.
Finally, notice shall be served at the address indicated by the plaintiff; upon the previous request that the plaintiff submits a translation of the claim as well as a translation of this decision and writ of summons, as indicated before. Likewise, the defendant must communicate to the Court any change of address occurring while the court procedure is being heard (Article 155(5)(1) CPL).
HOW TO CONTACT US FOR FURTHER SPECIFIC ADVICE OR INFORMATION?
In case you might be affected by this important litigation issue, and you might wish to discuss in more detail about your specific situation; especially about our legal service summons abroad, as a preliminary step, do please get in touch with us:
1. Call us or send us a WhatsApp now to (0034) 687 88 88 73.
2. You can also use our e-mail form at the top of the sidebar of your screen, or alternatively, you can send us an e-mail to info@bestsolicitorsinspain.com or through our contact section
Our commitment, we’ll respond to your e-mail inquiry in less than 24 hours.
Finally, thank you very much for your attention, and in case you might have any questions or doubts at all, please do not hesitate to contact us and we will be glad to clarify immediately.
We look forward to helping you and the benefit of our “know-how”.
Kindest regards
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor.
