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Claiming against a debtor living on the Costa del Sol

General information only, not legal advice.

Domicile decides

For a Spanish payment order, the court of the debtor's domicile or residence is exclusively competent. For ordinary claims, the general rule is also the defendant's domicile, subject to valid jurisdiction agreements.

Foreign residents

Many debtors on the coast are foreign nationals with a Spanish address. If they live in the province, Spanish courts are competent. The court may need to investigate the address if the first service fails.

Which court?

Málaga province has 103 municipalities grouped into eleven judicial districts. Our municipality pages show the district for each town.

Legal basis. Art. 813 LEC, Regulation (EU) 1215/2012 art. 4

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