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Mercader Legal · Madrid & online across Spain

Claims and disputes in Spain

Unpaid invoices, breached contracts, insurers that will not pay, damage caused by third parties. Before you spend anything on claiming, we assess solvency, evidence and cost-benefit — and we tell you plainly when claiming is not worth it.

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Common situations

Disputes we handle for international clients

Claims with substance, evidence and someone solvent on the other side.

  • Unpaid invoices, loans or rent in Spain

    Amounts due and enforceable, documented, with a debtor whose solvency we check before recommending any spend.

  • Breached contracts with Spanish counterparties

    Deliveries not made, work not done, clauses ignored. Evidence preserved, damages quantified, formal demand sent.

  • Insurance claims rejected or undervalued

    Policies read with legal rigour, rejections challenged and alternative valuations defended when the basis exists.

  • Damage caused by third parties in Spain

    Damage to your property or your activity caused by others, with causation and quantification built before claiming.

  • Notices and sanctions from Spanish authorities

    Administrative sanctions and claims with short deadlines: the calendar is fixed first and the response built inside it.

  • Disputes between heirs or co-owners

    Inheritance or co-ownership disagreements that have moved past negotiation and need formal structure.

How we work

How we work, step by step

  1. Viability first

    We review the evidence, the debtor’s solvency and the cost-benefit ratio. If claiming does not make sense, we tell you here — before you pay to find out.

  2. Written quote for the demand phase

    Scope, cost and timing of the pre-litigation phase in writing. Nothing starts without your acceptance.

  3. Formal demand and negotiation

    A documented demand with a deadline, and management of the response. Many disputes end here, with the agreement in writing.

  4. Informed decision on litigation

    If there is no agreement, we lay out the judicial scenario: costs, estimated timing and realistic probabilities. A separate project — your decision, with the numbers on the table.

What we need from you

  • Contracts, invoices, receipts or documents behind the amount claimed
  • Correspondence with the other party: emails, letters, messages
  • Evidence of the breach or the damage: photos, reports, records
  • Identification of the other party: company, address, representatives
  • For insurance matters: the full policy and the rejection or valuation letter

If your evidence is scattered, organising it is part of the first phase — we will tell you what matters and what is missing.

Fees

Known in advance, confirmed in writing

The pre-litigation claim has a published starting price, plus external costs such as formal notification where needed. Litigation is always a separate project, quoted phase by phase after studying the matter, and never started without your written acceptance.

A 30-minute consultation costs €90 and a 60-minute consultation costs €175, VAT included — often the most efficient way to scope a matter before any engagement.

Fees are always confirmed in writing before any engagement begins.

See our fees page (in Spanish)

Illustrative scenario

What a matter like this can look like

Illustrative scenario, not a real case nor a promise of results.

The unpaid foreign creditor who waited too long to formalise

Situation

A company abroad supplied goods to a Spanish buyer for two years. Three invoices remain unpaid for seven months; the buyer answers politely, promises payment and keeps ordering through other suppliers.

The risk of doing nothing

Every month without a formal demand ages the debt, weakens the evidence trail and moves the creditor further back in the queue if the buyer’s situation deteriorates towards insolvency.

What we would need

  • Invoices, orders and delivery notes for each supply
  • Emails with the payment promises
  • The buyer’s company details for the solvency check

What the firm would do

  • Check the buyer’s apparent solvency and insolvency signals
  • Send a formal demand for the full amount with interest and a deadline
  • Negotiate a signed acknowledgement of debt, or assess the fast-track court procedure

Quoted separately

  • Court proceedings if there is no payment or agreement
  • Enforcement measures against identified assets

Frequently asked questions

Questions international clients usually ask

Someone in Spain owes me money. Is it worth claiming from abroad?

It depends on three things: the evidence, the debtor’s solvency and the cost-benefit ratio. We check all three before recommending anything — including a solvency review of the debtor — because winning a judgment against someone who cannot pay returns costs, not money.

How does a claim in Spain usually start?

With a formal, documented demand — not with a lawsuit. A well-built demand with a deadline resolves a significant share of disputes, and it is faster and cheaper than court. Litigation is a separate project, quoted phase by phase, and only happens with your written acceptance.

My insurer in Spain rejected my claim. Can you help?

Often, yes. Rejections rely on exclusions or interpretations of the policy that do not always hold up, especially when a clause is ambiguous. We analyse the policy and the rejection letter and tell you honestly whether there is a defensible basis to claim.

Do I need to be in Spain for a dispute?

Usually not. The pre-litigation phase is fully remote, and court representation works through a court agent (procurador) with a power of attorney. If your presence is ever genuinely needed, we tell you well in advance.

Will you promise to win my case?

No — and be wary of anyone who does. What we guarantee is the process: rigorous analysis, agreed response times, documented evidence and clear communication about options, risks and costs at every phase.

Start now

Tell us what you are owed or what happened

The initial assessment is free: we tell you whether your claim is viable and what the next step would be.

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Free initial assessment · We reply with fit and next step · No obligation