Enforcement Foreign Judgment in Spain

What this is about

Sometimes a court in one country decides a case in your favour, but the other side, their money or their property is in another country. A court decision (called a judgment) does not automatically work across borders. To make it count in a new country, you usually have to ask a local court there to accept it and allow it to be carried out. This is called enforcing a foreign judgment.

Who it is for

It is for people and businesses who won a case abroad and now need that decision to take effect locally. Common examples are unpaid money, business disputes and family matters such as support payments. Many people in this position find the process hard because of a different legal system, a foreign language and unfamiliar rules. You do not need to be a citizen or a resident of the country to ask for enforcement.

Basic conditions

• The decision must be final, meaning it can no longer be changed by an appeal in the country where it was made.
• The court that made it must have had the right to decide the case.
• The decision must not go against the basic values and principles of the country where you want to use it.

If these conditions are not met, the decision cannot be enforced.

How it works

• A request is filed with the right local court.
• It includes an officially certified copy of the foreign decision and a translation into the local language.
• The court checks the decision against local rules and any agreements between the countries.
• If the court agrees, it issues an order that allows the decision to be carried out.
• There may be hearings, especially if the other side objects.

What the service usually includes

• A first meeting to understand your case and the foreign decision.
• Checking the decision and your documents against local conditions.
• Arranging translations and certified copies where needed.
• Preparing and filing the request with the court.
• Representing you at any hearings.
• Following up to see that the court order is actually carried out.
• Keeping you informed along the way.

Why it matters

Once a foreign decision is accepted, it can be put into effect locally. This can help you recover money or make the other side follow the court's orders, even across borders.