Claimant and defendant: differences and what to do

Claimant and defendant: which position each occupies

Receiving a claim can be worrying, particularly when the way courts work is unfamiliar. Anyone considering a claim also needs to understand what becoming the claimant involves.

Claimant and defendant (demandante and demandado) are positions within a proceeding, not conclusions about who is right. Filing a claim does not guarantee winning it, and receiving one does not mean the claim has been substantiated.

This guide explains both positions using the Spanish civil process as its reference: contractual claims, debts, property disputes and other private controversies.

1. Who the claimant is

The claimant, also called actor in Spanish practice, is the person who files a claim and seeks specific judicial protection against another person or entity.

The claimant may ask, for example, for payment of a sum, performance of an obligation or termination of a contract. The claim must state what is sought and the facts and grounds supporting it.

The claimant must also have standing (legitimación). A personal interest in the outcome is not necessarily the same as being the person entitled to bring the action.

Example: recovering a deposit

Someone pays a deposit for a service that is never provided and asks a court to order its return.

Before claiming, it is worth checking who contracted, who received the money, what was agreed and which documents can support the refund sought.

2. Who the defendant is

The defendant is the person or entity against whom the claim is brought.

That position allows the defendant to answer the claim: to dispute the facts, challenge their legal consequences and raise the appropriate objections.

The response must address the claim specifically. A general statement of disagreement is not enough.

Example: an invoice you consider incorrect

A company brings a claim over an invoice. You consider that part of the work was not carried out, or that you have already paid part of the amount.

To prepare the defence, gather the contract, the invoices, the proof of payment and the correspondence. The response should link each objection to what is claimed and to the documents available.

3. Differences between claimant and defendant

The procedural position does not by itself determine the outcome. For both sides it matters to identify which issues are in dispute and which evidence may be relevant.

4. Can there be several claimants or defendants?

Yes. A proceeding may involve several people in the same procedural position.

The law allows joint action in certain situations and also contemplates cases in which the protection sought requires suing several parties together.

A person connected with the facts should not be joined without first analysing the basis for their participation.

In a property dispute, for instance, it is worth distinguishing between seller, intermediary, builder and insurer. Each one’s role in the transaction does not mean all of them answer for the same thing.

5. Who has to prove the facts

The burden of proof is not summed up by saying that “the claimant must prove everything” or that “the defendant need not provide anything”.

As a general rule, the party claiming must establish the facts on which the claim is based. The defendant must prove the facts relied on to prevent, extinguish or neutralise their effects, subject to the relevant legal specialities.

The court must also consider which party has easier access to the evidence.

For example, if the defence is that a debt has already been paid, keeping the receipt may be decisive. If the quality of works is disputed, a technical report may need to be assessed.

6. What to do when you receive a claim

The first step should be to read the complete document and note the date of notification.

It is worth gathering:

• The claim and all its annexes.
• The order or communication that accompanies it.
• Proof of receipt.
• The contract or relationship from which the dispute arises.
• Earlier payments, messages and claims.
• A short chronology of what happened.

The proceeding, the time limit, whether a lawyer and procurador are required, and the possible objections must then be checked.

There is no single response deadline that applies to every court document. The step required in the specific case must be identified.

Contacting the claimant or opening negotiations should not be treated as automatically suspending court time limits.

7. What happens if the defendant does not appear

In the civil process, failing to appear in the proper form within the time limit or on the date set may lead to a declaration of procedural default (rebeldía).

As a general rule, default is not the same as accepting the claim or admitting the facts, except in the situations where the law provides otherwise.

Not appearing, however, may mean losing procedural opportunities to defend.

Can you take part later?

The law provides for the later appearance of a defendant declared in default, but the proceeding does not go back simply because of it. Joining late does not automatically restore steps that have already passed.

If you discover that there is a proceeding in which you have not taken part, ask for an immediate review. The notifications, the state of the matter and the routes available must be examined.

8. Opposing, accepting and counterclaiming: different responses

The defendant’s position is not limited to accepting or denying the whole claim.

Opposition

This means defending against the claim with the appropriate arguments and objections. It may affect the whole claim or only part of it.

Allanamiento (acceptance of the claim)

This means accepting the claimant’s claim, wholly or in part, with the effects and limits laid down by law. It should not be confused with admitting a particular fact or with failing to appear.

Reconvención (counterclaim)

This allows the defendant to bring a claim of their own against the claimant within the proceeding where the applicable requirements are met.

Not every claim can be added in this way. The connection, competence and procedural rules must be reviewed.

Choosing between these responses requires studying the claim and its legal and financial consequences.

9. Can you reach a settlement after a claim is filed?

In matters the parties may dispose of, they can reach a settlement during the proceeding, within legal limits.

The agreement must specify what is accepted, how it will be performed and what happens to the proceeding. Simply ceasing to answer because talks have begun is not enough.

Before signing, review amounts, deadlines, costs, the consequences of breach and the procedural steps required.

10. The risk of costs affects both sides

Filing a claim or defending one also requires assessing the costs involved.

The award of costs depends on the outcome and on the legal rules, with exceptions and circumstances that must be analysed. It is not decided simply by being claimant or defendant.

A professional budget should make clear which steps it includes and what additional expenses may arise.

Frequently asked questions

Does being a defendant mean I have committed a crime?

No. This guide concerns the civil process. Being a defendant means that someone has brought a judicial claim against you.

Is a claim sent by email or post already a court claim?

Not necessarily. An extrajudicial claim and a claim filed with a court are different steps. It is worth checking which document you have received.

If I do not respond, does the claimant win automatically?

Default does not, as a general rule, mean admitting the facts. Even so, failing to act can seriously harm your chances of defending.

Can I be in both positions?

A counterclaim may place the defendant in the position of claimant as regards a claim of their own, where it is admissible.

Can I reply to the court personally by email?

That channel should not be assumed to be valid or sufficient. The filing route and whether a lawyer and procurador are compulsory must be checked.

Advice on bringing or defending a claim

At MH Legal & Seguros we advise national and international clients on disputes governed by Spanish law.

From our offices in Dénia, Gandía and Villalonga we handle matters throughout Spain. We review the documents to explain the procedural position, the options available and the steps that need to be prepared.

You can write to info@mhlegalyseguros.com with a short description of the matter. If you have received a claim, provide the complete document, its annexes and the date of notification.