Formal demand to a company with an invitation to negotiate (Spain)
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For a consumer in Spain whose contract a company is not honouring (a service badly done, a wrongful charge, a refund that never comes) and who wants to demand it before going to court. The letter describes the breach, requires the company to perform and, in the same letter, invites it to negotiate for thirty days: the prior attempt to negotiate that Spanish Organic Law 1/2025 has required since 3 April 2025 before a claim can be filed. Send it by burofax with certified content, which proves what was sent and when. In Spanish.
- Made for use in Spain
- Last updated October 20, 2026
Published byDocMuse
When to use this document
- A company in Spain is not doing what it promised and ignores your calls.
- You were charged for something you never ordered and the company will not refund it.
- A repair job at home was done badly and the firm will not come back to fix it.
- You want to send a serious burofax letter before taking the company to court in Spain.
What you fill in
The details the document asks for.
- Customer
- Customer's address
- Sender's DNI or NIE (Spanish identity number)
- Trader
- Company's postal address (from the contract, invoice or legal notice on its website)
- City
- Date
- Contract number
- Date of the contract
- Description of the breach
- Requested outcome
- Claimed amount
Common questions
- Why must a company in Spain be invited to negotiate before it is sued?
- Since 3 April 2025, Spanish Organic Law 1/2025 requires, for a civil claim to be admitted, a prior attempt at an appropriate means of settling the dispute, and direct negotiation is one of them. The letter must identify the parties, describe precisely what is claimed, which must match what would later be asked of the judge, and state the will to negotiate. If there is no written reply within thirty calendar days of receipt, the attempt is deemed to have ended. The invitation also interrupts limitation.
- How do I send this demand in Spain so that it serves as proof?
- By burofax with certified content and acknowledgement of receipt: the Spanish post office (Correos) certifies the text sent, the date and the delivery or attempted delivery. It is the channel the courts accept without dispute as proof of the attempt to negotiate, and a burofax the company fails to collect through its own inaction still takes effect. An e-mail is safe proof only if the company acknowledges or answers it. Keep the receipt and the certified copy: if you sue, you will have to file them with the claim.
- Are there free complaint models in Spain, and other routes before going to court?
- Yes. The Spanish associations OCU and FACUA publish free model letters, and the European Consumer Centre in Spain offers templates for purchases in another EU country. In a shop or premises you can ask for your region's free complaint sheet (hoja de reclamaciones), then go to the consumer office (OMIC) or the regional consumer service, which mediates with the company, or ask for consumer arbitration. For specific problems this catalogue has specific letters: the guarantee on a faulty product, an order that never arrives, a flight, electricity or the phone.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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