One peculiarity of oral proceedings worthy of note, is that prior to the matter being heard, the defendant is summoned to a hearing to indicate whether he intends to oppose the claim and cause of action and as to the reasons for such opposition, among the grounds provided for by the CPA as will be clear in what follows; with the result that, if the defendant fails to comply with this, or alleges a ground not permitted by law, then without further delay judgment for the claimant will be given in the case. In the alternative, if the defendant appears in court and announces his opposition to the claim in accordance with the grounds established by law, then both parties will be summoned to the full hearing of the action.
Moreover, given the nature of summary proceedings, in the oral hearing the defendant can only oppose the claimant’s lawsuit on the bais of the grounds laid down in the CPA, which have a strict summary character. These provide the following grounds: a) lack of jurisdiction of the court, b) payment, and this can only be acredited by documents c) the absence or lack of validity as regards agreement, including a forged signature, or d) that the document comprising the contract was false. If the defendant appears in court before the hearing and declares his opposition on the basis of one or other of these causes, but then fails to attend the hearing or; if he attends and attempts to base his challenge on grounds that lack legislative foundation, then judgment will be given against him, and a fine imposed up to one fifth the value of the claim, with a minimum of 180 Euros.