How to find out if I have been sued and how long it takes to receive a complaint

If you have had an altercation with another person, you may not have reported it, but the other person may have done so. In that case, an important question arises: How long does it take for a complaint to reach the person being reported? As experienced criminal defence lawyers, our answer is that it can take anywhere from two weeks to six months, depending on factors such as the type of offence, the city where the case is handled, the competent court, and whether the complaint passes the police's initial assessment.

The Difference Between a Criminal Complaint, a Private Prosecution and a Civil Claim

This is the first thing you should understand, as these three concepts are often confused.

• A criminal complaint can be filed with the National Police, the Civil Guard, regional or local police forces, the Public Prosecutor's Office, or the duty court.
• A private criminal prosecution (querella criminal) is a formal procedural act by which a criminal offence is brought before a judge. It must be submitted in writing, comply with all legal formalities, be filed through a court representative (procurador), and signed by a lawyer.
• A civil claim relates to civil, administrative or employment law proceedings.

How Can I Find Out If Someone Has Filed a Complaint Against Me?

There are several ways you may become aware that a complaint has been filed against you:

• You receive a court summons to appear as a suspect. You will be summoned to give a statement, not to be arrested. The judge will inform you of your rights and of the alleged offences under investigation.
• You receive a police summons. In this case, the police require you to attend a police station to give a statement as a suspect. This commonly occurs in less serious offences or in fast-track criminal proceedings. It is advisable to attend with an experienced criminal defence lawyer.
• You are arrested. This usually happens in more serious cases or where there is considered to be a risk of absconding. Under Spanish law, detention cannot generally exceed 72 hours before release or being brought before a judge.
• You are notified of precautionary measures. These may include, for example, a restraining order or a search warrant.

Another way to find out whether a complaint has been filed against you is to appear before the Dean's Office of the relevant Judicial District Court with your lawyer to check whether there are any pending proceedings against you, or your lawyer may carry out this enquiry on your behalf.

What Happens After a Criminal Complaint Is Filed?

To understand how long it takes for a complaint to reach the accused, it is important to know the stages of the process:

• Once the complaint has been filed in the manner described above, if it is submitted to the police or the Civil Guard, a police report (atestado) is opened. This report sets out the facts and includes any investigative steps carried out by the officers.
• Referral to the court and case allocation. The Judicial Police submit the report to the duty judge who, if there is sufficient evidence of a criminal offence, forwards the case to the appropriate investigating court.
• The investigating court reviews the police report and issues the appropriate procedural order, whether opening preliminary investigations, commencing formal criminal proceedings, or initiating urgent proceedings, depending on the nature of the case.
• Finally, the person being reported is summoned to appear before the court and give a statement.

How Long Does It Take for a Criminal Complaint to Reach the Person Being Reported?

Spanish law does not establish a specific deadline. In complex cases, the summons may even take years to be issued.

Below is an overview of how long a complaint may take depending on the type of proceedings:

• In a fast-track trial for a flagrant offence, the suspect is usually arrested immediately or shortly after the incident, making this the quickest procedure.
• In the case of an urgent complaint where there has been no prior arrest, provided the facts are clear, the suspect has been identified, and the maximum penalty does not exceed five years' imprisonment, the summons in urgent summary proceedings may be issued between two weeks and three months after the complaint is filed.
• For offences such as threats, assault or theft, the process may take anywhere between three months and one year.
• In cases involving complex offences, such as tax fraud, the investigation may take several years before the suspect is summoned to give evidence.

It is also possible for the case to be dismissed without you ever being notified, for example, where the authorities conclude that the reported facts do not constitute a criminal offence.

What Should I Do If I Learn About the Complaint Before Receiving Official Notification?

The first step is to consult an experienced criminal defence lawyer as soon as possible. Your lawyer can obtain access to the case file, determine the allegations made against you, review the available evidence, and begin preparing your defence strategy.

It is advisable to maintain strict confidentiality, avoid discussing the matter with anyone, and preserve all documents and evidence relating to the case. Above all, do not make any statements without first obtaining legal advice from your lawyer.

In summary, we hope this article has clarified how you can find out whether a criminal complaint has been filed against you. As we have explained, the most common way is by receiving an official court notification at your home, although you may also attend the relevant court to request information about any proceedings in which you are involved.

If you need legal assistance because a criminal complaint has been filed against you, do not hesitate to contact our team of criminal defence lawyers.