Civil litigation lawyers in Marbella.

01

The civil matters we handle

Disputes arising from a property purchase (deposit contracts, hidden defects, developers) have their own page; this one covers everything else.

• Contracts: drafting and review of service agreements, building and renovation contracts, private loans and acknowledgements of debt, before you sign them.
• Debt recovery: unpaid invoices, loans not repaid, deposits and advance payments, through the order for payment procedure (procedimiento monitorio), small claims or ordinary proceedings as appropriate.
• Civil liability and accidents: damage caused by third parties, road traffic accidents, slips and falls, water leaks and negotiations with insurers.
• Easements and boundaries: rights of way, light and views, drainage, boundary demarcation and disputes over where a plot ends.
• Consumers and banks: unfair terms, undue charges and fees, products that were never properly explained and claims against service providers.

02

Before suing: a settlement attempt is mandatory

Since 3 April 2025, Organic Law 1/2025 on the efficiency of the Public Justice Service requires that, in most civil proceedings, the parties first try an appropriate dispute resolution method (known in Spain as MASC). It is a pre-action requirement: if the claim does not prove that attempt, the court will not admit it.

Direct negotiation between the parties or their lawyers, mediation, conciliation, an independent expert opinion or a confidential binding offer all qualify. If the other side receives a specific proposal and there is no agreement or written reply within thirty days, the requirement is met. The request interrupts the limitation period, and refusing to negotiate without good reason may count against that party on legal costs in later proceedings.

Exceptions include, among others, the protection of fundamental rights, summary protection of possession and the European claim procedures. We prepare the negotiation as the first stage of the case: a serious, documented proposal that often settles the matter without a trial.

03

Owners' associations

In Marbella, many civil disputes start in urbanisations and apartment buildings. We advise owners and owners' associations (comunidades de propietarios) on challenging general meeting resolutions, recovering unpaid service charges, works to common or private elements, nuisance and disputes between neighbours.

The deadlines are short: a resolution must be challenged within three months of being adopted, or within one year if it breaches the law or the statutes; for owners who were absent, from the date it is notified to them. And to challenge, you must be up to date with all overdue debts to the community or deposit the amount with the court.

04

If you live outside Spain

Many of our clients have their home in Marbella and their life in another country. We handle the matter from start to finish under a power of attorney for litigation, granted before a notary here or in your country, and keep you informed in English or Spanish of every step and deadline. If the other party lives in another EU Member State, we consider the European Order for Payment or, for claims of up to 5,000 euros (excluding interest and costs), the European Small Claims Procedure.