Extrajudicial claim and burofax in Spain
A written demand can organise the facts, state exactly what is requested, set a response deadline and preserve evidence of the communication. In addition, for many civil proceedings Organic Law 1/2025 generally requires prior negotiation through an appropriate dispute-resolution mechanism before a claim is admissible, subject to statutory exceptions.
Who it is for
- Creditors and debtors before litigation.
- Parties to a breached contract.
- Landlords, tenants, buyers, sellers and other private parties.
Main requirements
- Identify the legal basis of the demand or response.
- Gather contract, evidence and financial calculation where relevant.
- Check whether the case requires prior negotiation/MASC before court proceedings and whether a statutory exception applies.
- State a concrete request and reasonable response period.
Documents
- Contracts and annexes.
- Emails, invoices, receipts and evidence of breach.
- Any notices or burofax already received.
- Documentary proof of the invitation or attempt to negotiate where needed to evidence the procedural precondition.
How it works
- Analyse facts, evidence and deadlines.
- Determine whether a MASC is required and which form of negotiation is appropriate.
- Draft the demand, invitation to negotiate or response consistently with the potential subject matter of the later dispute.
- Use a method that can prove receipt and access to the full content.
- Review the response and document the outcome of the negotiations.
Frequently asked questions
What is the purpose of a burofax?
It provides evidence of dispatch and, depending on the service selected, can also certify content and delivery, making it useful for important formal communications.
Does a burofax always satisfy the MASC requirement?
No. Organic Law 1/2025 requires genuine negotiation activity or an evidenced attempt that satisfies the statutory conditions and corresponds to the subject matter of the later dispute. A burofax may be the communication method, but its content and purpose must be assessed in the individual case.
Must every claim be sent by burofax?
No. The appropriate method depends on the purpose, contract, type of proceedings and evidential needs. The law also provides cases in which prior MASC activity is not required.
Official sources
Reviewed: 08/09/2026
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