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José M.
José M., Attorney
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Experience:  Spanish Attorney
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I need to know what the procedure is for serving a claim on

Resolved Question:

I need to know what the procedure is for serving a claim on a defendant under Spanish law. I am resident in Spain but have been served with a claim from the UK. Under the Brussels Regulation the service of the claim sent 'out of jurisdiction' must comply with the laws of the EU state where the claim is being served. In this case that is under Spanish law. Is it possible in Spain to serve a claim by post or must service be made by an officer of the court after the claim has been put before the Spanish court? Could you please tell me the name of the regulations (in Spanish) which lay out the required procedure for service of a claim under Spanish law and the specific section dealing with this matter?
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi Sir

Attorney3044 :

According to international law the demand will be made in your adress and only if there is in your case an spacial law by the signed contract you could refuse the demand

Attorney3044 :

The international law says that you must be demanded in Spain with spanish law as spain is your resident place

Customer:

Thank you for responding again! I have attended the hearing in the UK and the judge wants to know the procedure in Spain. Can you please supply the details for the procedure of serving a claim?

Attorney3044 :

Yes

Attorney3044 :

First step its to know the matter

Attorney3044 :

What is the main of the demand ?

Customer:

I agree that the service of the demand has to be made under Spanish law. So what is the rules that the demander must follow?

Attorney3044 :

What are they demanding? Money ?

Customer:

The case is about a contract (only through e-mail and not a formal contract) for a work to be done in Spain in my recording studio. I am domiciled in Spain and the contract was performed in Spain. All this I know requires the case to be heard in Spain and not UK. But the demand was sent from the UK by post and under the Brussels Regulation it must comply with the Spanish laws on service of the claim. So I need to know what the law in Spain requires for sending a demand to the defendant's address.

Customer:

They are demanding money, equipment and damages. They intend to get a bankruptcy order to force the sale of my Spanish home (costing €600,000 to build). If they succeed, my wife and I will be out on the street.

Customer:

What is the name of the Spanish law/rules on sending a demand to a defendant? How should that be done?

Attorney3044 :

Well, the demand has to be made in Spain

Attorney3044 :

He and you will need an attorney

Attorney3044 :

As a consumer the main law who gives you rights its the RDL 1/2007

Customer:

The demander is claiming that the case may be heard in the UYK courts and I am saying that the case must be heard in the Spanish courts. The Brussels Regulation says that I am right but the UK judge wants to know the specific Spanish rules that say how the demand must be made.

Customer:

This is not a consumer issue ... it is a contract issue.

Attorney3044 :

But are you a consumer arent you?

Attorney3044 :

Are you a professional who contract or it was for your own use?

Attorney3044 :

If it was for your own use you are a consumer

Customer:

No, I was recording the music for a singer (from the UK) here in Spain. There was a written agreement in the form of e-mails but no clause stating under which laws the contract must be made. It is therefore not a consumer matter as I was not buying anything and she (the singer) was not buying anything.

Attorney3044 :

Ok, no consumer

Attorney3044 :

But the demand has to be made in Spain for sure

Attorney3044 :

He has to contract an attorney who has licence to work in Spain and he has to put a demand in spanish court

Customer:

I was a professional record producer who agreed to record the music for the singer in my Spanish studio. I was therefore providing a service under contract.

Attorney3044 :

You only could be demanded in Spain according spanish law

Attorney3044 :

In this site you will fin the law

Attorney3044 :

http://www.mjusticia.gob.es/cs/Satellite/es/1288774502225/TextoPublicaciones.html

Attorney3044 :

Ley de enjuiciamiento civil

Customer:

Good! Now can you give me the name of the law and the section covering the procedure for making a demand. The UK judge needs the specific name of the law and the paragraph. I will look at the site, but can you direct me to the right section please?

Attorney3044 :

Ordinary judment Art 249.5

Customer:

Okay, thank you! I will take a look and get back to you if I have further questions. Do you know if there is an English translation of this Spanish law?

Attorney3044 :

In the site provided you will faind this law and the most important ones translated into english

Attorney3044 :

This is the site http://www.mjusticia.gob.es/cs/Satellite/es/1288774502225/TextoPublicaciones.html

Customer:

Thank you!

Attorney3044 :

http://www.mjusticia.gob.es/cs/Satellite/es/1288774502225/TextoPublicaciones.html

Attorney3044 :

And the law

Attorney3044 :

Art 249.5

Attorney3044 :

I will be here if needed

Attorney3044 :

Thank you

Attorney3044 :

Take a look and tell me if you got more doubts

Attorney3044 :

Thank you

Attorney3044 :

Please do not forget to rate the answer in order to get paid from the site

Attorney3044 :

Thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 4968
Experience: Spanish Attorney
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