International Service of Process in Spain

International service of process in Spain can be completed via the formal methods prescribed by the Hague Service Convention. Informal service by mail and service through a judicial officer are also permitted.

Process Service in Spain Under the Hague Convention

International service of process in Spain can be completed through the Hague Service Convention, which Spain ratified on June 4, 1987, and put into effect on August 3 of that same year.

In order to complete service through the Hague Convention, all documents must be sent to the Spanish Central Authority.

Keep in mind that formal process service through Spain’s Central Authority can sometimes take longer than expected. Delays are common, particularly during the summer and early fall, as lengthy vacations are common in Spain during the month of August. 

Unlike many other countries, Spain doesn’t object to service through any of the alternative channels listed in Article 10 of the Convention. However, while service via mail or judicial officer may be more efficient, it can also carry increased costs and risks compared to the formal service of process.

Translation of Documents

Spain does not technically require that documents submitted through the Central Authority be translated into Spanish, but legal document translation is often necessary in practice.

Under Article 144 of the Spanish Procedural Law, a translation must accompany any documents drafted in a foreign language, including the document summary. 

While the Central Authority has the discretion to allow service of process for untranslated documents, it would likely take extraordinary circumstances for service to be effectuated without proper document translation.

For the best chances of successful service of process, it is critical to work with a firm experienced in arranging legal document translation for all documents and exhibits related to the case.

Informal Service of Process in Spain

Spain also allows informal methods of service, including service by mail or via a judicial officer.

One important note: the informal service method may not be the best choice for your matter, depending on whether or not you are seeking a judgment or other factors. Our team can help you decide which method is best for your case. 

Additionally, Spain has some particular mandates for service that proceeds via a judicial officer. In Spain, service via judicial officer must be sought through a Spanish legal representative known as a procurador. 

Service through a judicial officer is often completed more quickly than formal service, but it can accrue significant additional costs compared to formal process service through the Central Authority. 

Service of Process via Mail in Spain

It is possible to complete service via mail in Spain, but it can be difficult to navigate if you are not an expert in the system. 

Informal mail service can be fraught with issues. It must be executed according to the local rules of the forum court. Local and federal courts maintain different regulations, which can cause delays if not properly addressed. 

The documents must be mailed by a clerk of court in the receiving country. The plaintiff or plaintiff’s counsel cannot directly mail documents to the defendant. Service via the postal system should also include a signed receipt mechanism. 

It is also essential that if the recipient is not a Spanish citizen, any documented proof of service must be completed in accordance with both Spanish law and the law of the recipient’s home country. 

Because obtaining clear proof of delivery is incredibly difficult when it comes to both domestic and international mail, most counsel consider this method of service a last resort.

Serving Legal Documents in Spain

When attempting to execute process service in Spain, it’s essential to follow the exact protocols outlined by the Spanish Central Authority as well as the local and federal court systems.

Because Spain accepts both formal and informal means of service, it’s important to choose the method most likely to produce results recognized by the court. 

Our team has extensive experience with international service of process in Spain. Contact us today for help with your service. 

The staff of DGR Legal are not lawyers, nor is our organization a law firm. The information provided on this website does not and is not intended to constitute legal advice. Rather, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.