The new regulation of the Spanish civil Act and the new law 42/2015, in particular the amendment of our section number 1964, have considerably shortened the time limits for civil lawsuits, something to consider, especially if you need to bring actions in court for anything you may believe is owed to you or for any other different matter.
The deadline until recently, and if no different law was providing otherwise, was fifteen years to claim in a civil court, but since January 1, 2016, this period has been reduced to only five years, so, if someone owes you money from 2008 then, with the previous act, you were having until 2023 to sue him, now, you would be able to sue them only until the 1st of January 2021.
This new time limit also applies to any other previous ongoing action, by example, if someone is having a pending decision from January 2009 that in theory should last until 2024 (as a demolition order) will now be enforceable only until January 2021 when thereafter it will definitively have expired.
Therefore, any legal issue happening after that date (January 1, 2016 ), have a five year time limit for Court action, and those possible actions before January 16th will no longer be enforceable from1st January 2021.
So please, be careful with these new Court action deadlines, because although they are right, if you take so long preparing your case then time may run out and you can loose your opportunity to sue. Anyway, if you have any doubt as to any particular time limit, do not hesitate to contact us (email@example.com), and we will be delighted to help you in order to avoid unpleasant surprises to you.
Roberto Fernández – Civil & Tax Lawyer at Alicante Solicitors > Raymundo & Hopman.