Wednesday, 15 September 2010

The Spanish Legal System - In Practice

We have heard various reports of foreign residents in Spain suffering at the hands of their legal system. If you have a property in Spain, and unfortunately find yourself in financial difficulty you should be very careful.
Obviously you need legal advice and would probably contact the lawyer who handled your purchase process for you. In many cases, they simply say "Sell up and start again." Why? Their fees will be higher from a sale than from representing you in court. We have also heard that some lawyers want a retainer of up to 2000 Euros before they look at the papers. That way their fees are guaranteed.If you cannot pay this, then your stranded. If you find yourself in this position, DON'T try and deal with it yourself. The pursuer will simply ignore your letter and proceed with the litigation. The courts too - it has been reported - do the same.
If you receive notice of legal action, apply to the issuing court for an "Abogado de Justicia Gratuita" to be appointed.
Even if the debt is not in your name, YOUR details will be passed to Credit Reference Agencies, thus preventing you raising finances.
They will and do go for your house and even your personal property in order to secure settlement of the debt, and of course interest and expenses which can be substantial.
We hope this does not happen to you but if it does, DON'T try and go it alone. Apply for the FREE Legal Representation and let the lawyer handle the stress for you.

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