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Legal questions answered by lawyers – Spain

Browse our 25 legal questions in Spain and read the lawyer answers, or ask your own question for free.

Do I have to deposit all back rent before filing an appeal against an eviction order issued by a Barcelona court?
Real Estate Appeal
A first-instance court in Barcelona ordered my eviction and ruled that I owe five months of back rent, but I believe the judge overlooked key bank receipts showing payments. I want to appeal this decision to the Audiencia Provincial, but my landlord claims the court will reject my petition unless... Read more →
Lawyer answer by POMEROL LEGAL PARTNERS

No necesariamente. La ley exige acreditar que las rentas vencidas están pagadas, pero no obliga a consignarlas judicialmente si ya han sido satisfechas. El artículo 449.1 de la Ley de Enjuiciamiento Civil establece que, en los procedimientos que lleven aparejado...

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1 answer •
Spanish customs at Port of Barcelona reclassified my imported machinery parts under a higher tariff code, can I appeal the retroactive duties?
Tax International Trade Law
My company imported three shipping containers of automated conveyor parts from Asia through the Port of Barcelona, but customs authorities reclassified our TARIC codes and are now demanding eighteen thousand euros in back duties and penalties. We relied on the classification previously accepted by our freight forwarder and have already... Read more →
Lawyer answer by POMEROL LEGAL PARTNERS

Si la Aduana de Barcelona ha reclasificado sus mercancías y exige el pago de derechos arancelarios adicionales, su empresa puede impugnar la liquidación mediante una reclamación económico-administrativa, generalmente en el plazo de un mes desde su notificación. El artículo 44...

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1 answer •
Does filing an appeal against a First Instance civil court ruling in Bilbao automatically freeze the execution of the judgment?
Lawsuits & Disputes Appeal
I recently lost a commercial contract dispute at a court in Bilbao, and the opposing party is already threatening to enforce the payment. I want to file an appeal with the Audiencia Provincial, but I am worried they will freeze my bank accounts in the meantime. Do I have to... Read more →
Lawyer answer by POMEROL LEGAL PARTNERS

No es obligatorio constituir una fianza o aval para interponer un recurso de apelación, pero recurrir una sentencia no impide automáticamente que la parte vencedora solicite su ejecución provisional. En los procedimientos civiles y mercantiles, el artículo 526 de la...

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Legal Articles – Spain

Spain: read 2 legal guides on Lawzana, with practical information to help you understand your rights and options.

Golden Visas in Spain: Residency by Investment Laws
Immigration
Key Takeaways Spain offers multiple immigration routes under two main regimes: the general regime in LOEX and the fast-track UGE system in the Entrepreneurs Law for investors, entrepreneurs, highly skilled workers, ICT transfers, and digital nomads. Residency by investment in Spain is residency, not citizenship. It can lead to permanent... Read more →
Buying Property in Spain: A Foreigner's Legal Checklist
Real Estate
Foreigners can freely buy real estate in Spain, but you must obtain an NIE (foreigner tax ID) and usually open a Spanish bank account before completion. Total purchase costs typically add 10-15% on top of the price, mainly in transfer tax (ITP) or VAT plus AJD, plus notary, registry, mortgage,... Read more →

What hiring a lawyer in Granada involves

A lawyer in Granada can advise on Spanish and Andalusian law, assess documents, negotiate with another party, and represent you in court when needed. The right choice depends on the issue: a property dispute, criminal investigation, employment claim, or residence matter follows different procedures.

For local court proceedings, a lawyer will identify the competent court and filing deadlines. Many court services are based at Granada’s Ciudad de la Justicia, but the correct venue depends on the case and the parties involved.

In some civil proceedings, you must also appoint a procurador, a procedural representative who files documents and receives formal notices. Whether one is required depends on the type and value of the claim.

Private fees are generally agreed with the lawyer. Ask for a written engagement letter covering the work, billing method, VAT, and any separate procurador or expert costs before instructing them.

When you may need legal representation in Granada

  • Buying or renovating property: A lawyer can check title, debts, planning status, and restrictions affecting a flat or building, including property in historic areas such as the Albaicín.
  • Rental or housing disputes: Get advice about unpaid rent, a deposit, eviction proceedings, or a disagreement over repairs before signing a settlement or responding to a court claim.
  • Employment problems: A lawyer can review a dismissal, unpaid wages, or workplace injury and explain the short deadlines that may apply to employment claims.
  • Criminal investigation or accusation: If police contact you or you are accused of an offence, prompt advice can help protect your rights during questioning and later proceedings.
  • Family separation: Legal advice can help with divorce, child arrangements, maintenance, and division of property when the family lives in Granada or has ties to more than one country.
  • Traffic or administrative disputes: After a collision on a Granada road or a dispute over a municipal or regional decision, a lawyer can identify the responsible insurer or authority and the applicable appeal deadline.

Key laws that may apply in Granada

Ley de Enjuiciamiento Civil, Law 1/2000: This law governs most civil court proceedings in Spain and took effect on 8 January 2001. It sets rules on claims, evidence, appeals, and when a procurador must be appointed.

Ley Orgánica 1/2025, on measures to improve the efficiency of the Public Justice Service: It took effect on 3 April 2025. For many civil and commercial claims, it requires an attempt at an appropriate negotiation process before filing, subject to exceptions.

Ley 7/2021, de impulso para la sostenibilidad del territorio de Andalucía: This Andalusian planning law took effect on 24 December 2021. It is relevant to land use, building works, and planning enforcement in Granada, alongside applicable municipal plans and regulations.

Frequently asked questions

How do I know whether I need a lawyer?

Consider getting advice if a deadline is approaching, you have received a formal notice, or significant money, housing, work, or family arrangements are at stake. A short initial consultation can clarify whether you need representation or can handle the matter yourself.

How do I check that a lawyer can practise in Spain?

Ask for the lawyer’s full name and bar-association details, then check with the Ilustre Colegio de Abogados de Granada. Confirm that the lawyer regularly handles the type of matter involved and can explain the likely procedure in clear terms.

Can I hire a lawyer who speaks English?

Some lawyers in Granada work with English-speaking clients, but language ability and legal experience vary. Confirm who will handle calls, documents, and court communication, and ask whether translations will cost extra.

How much does a lawyer in Granada cost?

There is no single fixed price for private legal work; fees depend on the task, complexity, and time involved. Request a written estimate that states whether VAT, procurador fees, translations, and expert reports are included.

Can I get free legal aid?

Legal aid may be available if you meet the financial and other requirements under Spanish law, with some exceptions depending on the case. The Granada legal-aid authorities can assess an application; eligibility is not automatic just because you have a dispute.

Do I always need a procurador as well as a lawyer?

No. A procurador is required in many civil court proceedings, but Spanish procedure provides exceptions, including certain lower-value claims. Your lawyer can confirm whether your case needs one and explain the additional fee.

Do I have to try to negotiate before going to court?

Since 3 April 2025, many civil and commercial claims require an attempt at an appropriate dispute-resolution process before filing. The rule has exceptions, so ask a lawyer to check whether it applies to your claim and what evidence of the attempt is needed.

How long does a court case in Granada take?

There is no reliable single timetable: duration depends on the court, case type, evidence, and whether the other party contests the claim. Ask for an estimate based on the specific procedure, and treat it as provisional rather than guaranteed.

Can a lawyer help before I sign a property contract?

Yes. A lawyer can review the contract, check relevant title and planning documents, and explain payment and completion terms before you commit. This can be particularly useful where renovation, a rental arrangement, or a property in a protected area is involved.

What should I bring to the first meeting?

Bring the contract or official notice, relevant correspondence, receipts, and a short timeline of events. If a deadline is stated, point it out at the start so the lawyer can assess urgency.

Can I change lawyers after a case has started?

You can generally appoint a different lawyer, but the change must be handled properly and should not cause a missed deadline or hearing. Ask about unpaid fees, file transfer, and any required notice to the court or other representatives.

Official resources in Granada

  • Ilustre Colegio de Abogados de Granada: The local bar association can provide information about its members and the process for requesting legal-aid representation.
  • Comisión de Asistencia Jurídica Gratuita de Granada: This official commission assesses applications for recognition of the right to free legal aid in Granada.
  • Granada court offices at the Ciudad de la Justicia: Court offices handle filings and procedural administration for matters assigned to them. The appropriate court depends on the case, so confirm the venue before filing.

Steps to find and hire a lawyer

  1. Identify the issue and any deadline. Collect notices, contracts, and key dates today, especially if a court or authority has set a response period.
  2. Choose the relevant experience. Look for a lawyer who handles your specific issue, such as housing, employment, family, criminal, or administrative law.
  3. Check credentials and communication. Verify bar membership with the Granada bar association and confirm language, availability, and who will manage the file.
  4. Arrange an initial consultation. In the next few days, explain the outcome you need and ask about the procedure, risks, and immediate steps.
  5. Request written terms. Before work begins, obtain the scope of services, fee basis, VAT treatment, likely additional costs, and payment schedule in writing.
  6. Confirm the plan and act promptly. Provide requested documents, agree who will contact other parties, and diarise every deadline and hearing date.

Lawzana helps you find the best lawyers and law firms in Granada through our directory of legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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