Small Claims Court Portugal: A Business Owner's Guide
Name of Court: Small Claims Court Portugal
Scope of Procedure: Applies to financial obligations from a contract not exceeding €15,000
Monetary Threshold: €15,000
Application of Procedure: Complainant can choose from two specific procedures
Forms: Specific forms provided for both procedures, available electronically or on paper
Assistance: Legal aid scheme applies to both procedures
Rules concerning Evidence: Evidence is offered during the hearing, with limits on number of witnesses
Written Procedure: Entire procedure is in writing if defendant does not challenge an order for payment
Content of Judgment: Verbal judgment given in special action, enforcement order appended by court clerk in order for payment
Reimbursement of Costs: Losing party pays legal costs of successful party, on a sliding scale based on burden of loss
Possibility to Appeal: Decisions can be challenged through an appeal if sum exceeds €5,000 and decision is unfavorable to applicant with value greater than €2,500
This guide is not legal advice and laws/rules may change; consult a qualified professional for personalized assistance. Use at your own risk.
Small Claims Court Limit Portugal
In Portugal, the existence of two specific small claims procedures stemming from Decree-Law No 269/98 of 1 September 1998 is established. These include a special action for compliance with financial obligations arising from a contract, a fast and simplified declaration procedure, and an order for payment, a measure designed for small debts.
The monetary limit for these procedures are well defined in Portugal. Both above mentioned special procedures apply when the total sum of the case does not exceed €15,000. It must involve a financial obligation originating in a contract for it to qualify under these special actionable procedures.
Furthermore, the lower limit threshold for demonstrating evidence varies as well. In cases where the total claim does not exceed €5,000, each party may present up to three witnesses for evidence. However, if the claim exceeds this amount up to five witnesses may be employed for evidence demonstration.
Types of Disputes Excluded From Small Claims Courts
As with most countries in the European Union, small claims courts handle only simple civil law cases. This can include various commercial and consumer disputes, movable property disputes, and certain types of contractual claims.
However, it's important to note that certain types of cases cannot be handled through the small claims track, highlighting the specific scope of these courts. In Portugal, as well as in many other EU countries, issues related to divorce, custody, bankruptcy, emergency relief, lawsuits against the federal government, and domestic relations disputes, are considered outside the purview of small claims court.
This effectively means that situations involving guardianship, name changes, or any related domestic affairs are not dealt with through the small claims court system. In such instances, a different route of legal action is necessary, bypassing the simplified and fast procedures of the small claims court.
Statute of Limitations and Other Deadlines at the Small Claims Court in Portugal
Types of Deadlines
Two types of procedural time limits are applicable in the sphere of small claims court in Portugal; expiry ones extinguishing the right to carry out an act, and dilatory ones, deferring the act to a particular time. These time limits are governed by the civil code’s Articles 296 to 333.
Important Time Limits in Small Claims Court
The general rule sets a time limit of 10 days on parties to perform acts, plead nullity, file incidental pleas, or respond to other party's claims. The time limit typically commences from the service of the act. The deadline to lodge an appeal is 30 days, decreased to 15 days in urgent or specific cases. If a writ summons is served outside the court's geographical area, the time limit for defence is extended.
Non-working Days and Extensions
Time limit calculation excludes the event occurrence's day or hour that instigates the period. If time boundaries end on a non-working day, they are extended to the first working day. Statutory procedural time limits can not be shortened by courts but can be extended under particular circumstances.
Consequences of Missing Deadlines
Missing a deadline can result in right extinguishment to perform the act. However, the act can still be conducted outside the time limit with a penalty in situations of justified impediment, or by paying a fine within the first three working days after the time limit’s expiry.
How to Take Someone to Small Claims Court in Portugal
Court Fees and Other CostsIn the realm of court fees in Portugal, the cost is often standardized across various claim values. Specifically, the fee stands at 102 EUR, regardless of whether the claim value is 50 EUR, 2,000 EUR or even 10,000 EUR. These costs must be incorporated into the process of initiating a small claims case, thus ensuring the plaintiff is prepared for the financial implications of bringing a claim to court.
Use of Technology: Can You Sue Digitally?As we progress further into a digital age, Portugal has adapted its small claims court proceedings in line with modern technology. Yes, you can sue digitally in Portugal. The integration of technology into the proceedings allows for the efficient initiation and processing of small claims. Electronic processes like e-filing and e-service are utilized, facilitating streamlined procedures and increasing accessibility.
The Court ProcedureNavigating the court process in Portugal, one must understand that small claims procedures aim to resolve disputes more simply, quicker and in a cost-effective manner. The small claims procedure is optional, meaning that once initiated, it cannot be transferred to ordinary procedures. This often entails deviating from ordinary rules for evidence and judgment, providing for a more simplified process. Although court hearings aren't a mandatory requirement, they can be conducted if the parties request or if the court deems it necessary. In scenarios where formal requirements for taking evidence can be set aside, courts can choose to hear a witness or expert over the phone or in written format. Moreover, the rules for the judgment itself are usually more flexible. Judges have a more interactive role with the parties to a small claims procedure than under ordinary procedure. These tighter deadlines for small claims procedures over ordinary procedures help to expedite the issue at hand quickly.
The ProcessWhen it comes to filing a small claims court case in Portugal, the process follows a straightforward order:
- Step 1: The first step in the process is serving the complaint to all the defendants. This is essentially notifying the opposing party of the claim being filed against them.
- Step 2: The claimant must then gather all relevant evidence and prepare for the court meeting. This includes collating any essential documents, concise summaries of the situation, witness testimonies and more that could strengthen your case.
- Step 3: The plaintiff then presents their case, including all the evidence, at the small claims trial. It is crucial to be clear, concise and convincing in your argument, ensuring that all relevant points are addressed comprehensively.
- Step 4: If the judgment is in favor of the plaintiff, the final step is to collect your judgment. It’s worthwhile to note that enforcement of these decisions varies by country. In Portugal, there are specified procedures to facilitate enforcement of small claims.
Do You Need a Small Claims Lawyer in Portugal?In the case of small claims proceedings in Portugal, the role of attorneys or legal representatives can vary. If the financial obligation in dispute does not exceed the small claims limit of €15,000 (as provided by Decree-Law No 269/98 of 1 September 1998), the parties involved have the option of representing themselves or seeking professional legal assistance. Upon choosing self-representation, it is essential for parties to understand that specific forms and protocols are necessary for different procedures. For instance, orders for payment must be submitted on a specific form provided at Order for Payment Procedure - Citius Portal (mj.pt), either electronically or on paper. Moreover, in instances of a budget constraint or lack of legal knowledge, individuals may benefit from Portugal's legal aid scheme. This scheme provides assistance throughout the case, such as the appointment of a legal representative, payment of legal representative's fees, and coverage of judicial fees and other related charges (as detailed by Law No 34/2004 of 29 July 2004). In conclusion, while hiring a lawyer for small claims court in Portugal isn’t mandatory, their expertise can provide significant help in navigating the specific procedures, forms, and evidence presentation rules.
Resolving Cross Border Disputes in Portugal with the European Small Claims Procedure
Understanding the European Small Claims Procedure
The European Small Claims Procedure (ESCP) is a simplified legal process for handling cross-border disputes within the European Union. It is designed to expedite civil and commercial cases with claims not exceeding €5,000. Initiated by a claimant filing a Claim Form A, the ESCP gives the defendant 30 days to respond after the court sends them the form. The court then has the authority to request additional information, hold an oral hearing, and assess the validity of the claim. The judgment, served to both parties, can be enforced in another EU Member State.
ESCP Regulation is applicable across all EU Member States, with Denmark being the sole exception. A case qualifies as 'cross-border' when at least one of the parties is domiciled or habitually resident in a Member State other than that of the court handling the claim. Importantly, the case's 'cross-border' status is determined by the situation on the date the Claim Form is received by the court or tribunal.
In Portugal, this procedure is particularly beneficial for business owners and professionals aiming to streamline their legal actions in cross-border scenarios. However, users of ESCP must duly fill out Part 5 of Claim Form A to establish the factual basis of it being a cross-border case.
Limitations of the European Small Claims Procedure
While the ESCP is highly useful, it comes with certain constraints. Firstly, the procedure only applies to claims that do not exceed €5000. This limit also applies to national small claims procedures in various Member States.
Secondly, the ESCP covers civil and commercial matters but excludes specific issues, notably revenue, customs, administrative matters, state liabilities, and others listed in Article 2(2). Therefore, claims relating to these problems will fall outside the ESCP's scope and will likely be rejected.
Finally, it's essential to know that the claim's value should be calculated based on its reception date by the court or tribunal with jurisdiction. This calculation excludes any interest, expenses, or disbursements unless the claim solely pertains to interest payments on a previously settled debt.
Resolving a Dispute in Portugal with the ESCP: A Step-by-Step Guide
To resolve a cross-border dispute in Portugal using the ESCP, you must follow a structured process. Firstly, obtain and complete Form A, request an oral hearing if necessary, and identify the competent EU Member State and appropriate court.
Submit the Claim Form to the court, including supporting documents and meeting language requirements. Pay any applicable court fees and convert claims in different currencies if necessary. The court will then conduct an initial review, determining if the claim falls within the ESCP scope, and rectify the Claim Form if needed.
The court will then send the completed Answer Form (Form C) to the defendant, whose response will be communicated to the claimant. If necessary, oral hearings may be held, and additional information requested. The court will issue a judgment based on the provided information and evidence.
Lastly, the requirements for enforcing the judgment are fulfilled, the language for the certificate is determined, the judgment is communicated to the parties, and the enforcement procedures of the relevant EU Member State are followed.
By understanding and engaging with the European Small Claims Procedure, business owners in Portugal can resolve their cross-border disputes efficiently and effectively.
Can you appeal small claims court verdicts in Portugal?In the realm of small claims court proceedings, one crucial aspect refers to the possibilities of appealing the verdict. The proficiency to appeal a court decision serves as a key element of a well-functioning justice system, allowing for errors or oversights to be reviewed and rectified. This section will delineate how the appeal procedure operates specifically in the context of Small Claims Court in Portugal.
Avenues of appeal in PortugalIn Portugal, like in some other European countries including Estonia, Ireland, Lithuania, Malta, Romania, and Slovakia, the justice system permits appeals for small claims in all instances. This provision asserts the principle that every litigant is entitled for a review of the court's decision. The appeal process in Portugal follows the ordinary procedure, thereby ensuring equal treatment of small claims court cases as corresponds to larger cases in higher courts. The appeal avenue is not restricted or subjected to any monetary threshold, unlike some countries where the right to appeal is made contingent on the claim value. This approach provides a particular advantage for business owners and other professionals who may have smaller, but still significant, financial issues at stake.
Understanding the appeal procedureThe appeal process for small claims in Portugal is designed to be fair and comprehensive. It allows for every part of the initial court decision, from the findings of fact to interpretations of the law, to be completely reassessed. In such an appeal, the appellant brings forth arguments challenging the lower court's decision, after which the appellate court reviews the case. Small claimants in Portugal are given the same rights and obligations as any other regular litigants. This means that if a party disagrees with the judgement passed in the Small Claims Court, they have the full right to challenge this judgement before a higher judicial body—the appellate court. It's crucial to remember, however, that the appeals process can be time-intensive and potentially more costly due to the need for more legal support. But especially for business owners, it often proves worth it, as ensuring that justice is served can mean the recovery of significant funds or rights.
Frequently Asked Questions
To file a small claims court case in Portugal, follow these steps: 1. Serve the complaint to all defendants. 2. Gather relevant evidence and prepare your case. 3. Present your case, including all evidence, at the small claims trial. 4. If the judgment is in your favor, collect your judgment. Keep in mind that enforcement procedures may vary. For more detailed and personalized guidance, consult with a legal expert familiar with Portugal's small claims court system.
Small claims court in Portugal follows a simplified and cost-effective procedure for resolving disputes. The process begins with serving the complaint to the defendants, followed by gathering and presenting evidence at the small claims trial. If the judgment is in favor of the plaintiff, the final step is to collect the judgment. The court procedure deviates from ordinary rules to provide a more streamlined process. Technology is integrated into the proceedings, allowing for digital initiation and processing of small claims. Enforcement procedures are in place to facilitate the collection of judgments. Legal aid is available and decisions can be appealed if certain conditions are met.
In Portugal, the limit for small claims court procedures is €15,000. These procedures are applicable for financial obligations arising from a contract. In cases where the claim does not exceed €5,000, up to three witnesses can be presented as evidence. For claims exceeding €5,000, up to five witnesses may be employed. Small claims court handles simple civil law cases, but certain types of cases such as divorce, custody, bankruptcy, and lawsuits against the federal government are excluded from this court.
In Portugal, there is no officially set minimum amount for which you can sue in small claims court. However, there is a maximum limit. The special procedures for small claims apply when the total sum of the case does not exceed €15,000 and involve a financial obligation originating in a contract. In other words, you can file a small claim for any amount up to €15,000, but there's no set bottom limit. Claims must also be filed within a specific timeframe due to the statutes of limitations.
The Small Claims Court in Portugal is part of the country's judicial system and deals with disputes involving minor money matters. It focuses on two specific procedures: a special action for compliance with financial obligations from a contract and an order for payment. The court handles cases where the sum does not exceed €15,000 and provides a simplified and accessible avenue for resolving disputes without the need for legal representation. Decree-Law No 269/98 of 1 September 1998 governs the Small Claims Court in Portugal.
In Portugal, the time limit for taking someone to small claims court is typically 10 days from the service of the act. Parties have this time to perform necessary acts, file responses, or plead nullity. The deadline for lodging an appeal is 30 days, or 15 days in urgent cases. If a writ summons is served outside the court's geographical area, the time limit for defense is extended. Missing a deadline may result in the right to perform the act being extinguished, but there may be exceptions for justified impediments or payment of a fine.