In times of financial crisis such as now we find that consultations about legal proceedings for debt recovery /collection at professional offices and Law firms are becoming more and more frequent. This week we would like to provide some concepts and a basic explanation about the different legal procedures for debt recovery in Spain. It […]
LITIGATION: civil jurisdiction, consumers, Real Estate Litigations: claims against the builder, tenancy disputes, community of owners, etc.
Court claims Litigation in Spain
At White Baos Abogados we have extensive experience in court claims Litigation in Spain. And therefore, in the defence of the rights of our clients before the Spanish courts. Especially in the civil jurisdiction, and in matters related to real estate law, contracts, banking law, insurance, etc.
Court claims against builders and developers
Our firm can advise you on your disputes against developers and builders.
We have successfully advised numerous clients, who have had problems with their developers. Either, because they have not delivered the properties bought off plan. Or, because the constructions delivered did not conform to what was agreed in the contract. In matters of incorrect execution of the work, qualities of the materials, etc.
Likewise, our lawyers have extensive experience in legal advice in matters related to construction defects and claims against builders. And in relation with service contracts (like the construction) which are problematic. And on many occasions, they end up in court for disputes over the value of extra works, construction defects, etc.
In case you have a legal dispute with the builder, we can help you.
Court claims related to real estate law
We can also advise you in claims related to evictions, problems with tenants, etc. Or, in the case of being sued or if you need to sue for fixing the real boundary of your property, an occupation of your plot, etc.
Litigation in Spain related to consumer law. Banking law
We have helped dozens of clients successfully claiming against their banks. In all types of claims.
Since, claims for the sale of toxic and risky investment products, without proper advice.
Until, the cancellation of the floor expenses, multi-currency, etc, clauses.
Court claims against insurance companies, and professional negligence
Unfortunately, it is common for insurers to try not to meet their obligations. Thus, we help our clients to claim against them when necessary; before the courts.
For example, in the case of insurer who refuse to pay compensation for life insurance: claiming the existence of pre-existing illness, lack of documentation, etc.
Or they refuse to cover for a damage covered in the policy.
Likewise, we advise and help both those affected and professionals, in cases of professional negligence.
Court claims Litigation in Spain service in Spain
As specialist lawyers we can advise you in relation to your legal claims in Spain.
Our extensive professional experience, specialised legal training and ability to review matters from different perspectives, as well as our personal dedication and close relation with each of the court procedures involved, ensures that your court dealings will be undertaken in a professional, expert, innovative and personal manner.
If you need the representation of a professional lawyer before the Spanish courts.
If you want expert legal advice on this matter, do not hesitate to contact us.
The intervention of a barrister and procurator is always necessary, except in specific cases: verbal trials for amounts of less than 2,000€, the initial request for small debt proceedings, when urgent measures are requested before the trial is held, etc.
The most prominent procedures in civil jurisdiction are ordinary and verbal trials. Although there are other special procedures such as divorce and separation, procedures related to the judicial division of inheritance, the liquidation of the matrimonial property regime, small debt proceedings, the “juicio cambiario”, etc.
In order to be represented by a procurator and barrister, you must sign a Power Of Attorney (P.O.A) before a Notary Public. There is also the possibility of granting representation directly in court, thought the method known as “apud acta”, although this system is not as practical.
Yes, if you are outside Spain, you can sign the power of attorney at the Consulate. Or if you prefer it, also before a Notary Public (not solicitor) in that country. In this case, it will be necessary for the Power of Attorney to be apostilled. Our firm can help you by providing you with a draft of the P.O.A in different languages, so that you don’t have to request a sworn translation of it afterwards.
Nowadays, court claims and their attached documents are presented electronically. However, you must keep the originals. The original settlement agreement signed by both spouses, the rental contract agreement, etc.
Yes, documents not issued in the official languages of Spain must be accompanied by a sworn translation. However, it is also possible to provide private translations, and they may be accepted, as long as the other party does not contest them.
It will depend on the ruling issued by the Judge. Usually, the losing party is ordered to pay the court costs of the other. However, the judge may also agree that each party has to pay their own barrister and procurator expenses.
Not exactly. The Bar Associations can establish “guideline criteria” which, although not binding, are usually considered by the Court when setting the court costs. But these professional associations cannot establish fee scales or price lists, which are freely fixed by each professional.
The duration will depend on the type of proceedings. However, the same procedure, in the same court, can have a very different duration. There are many aspects that can influence this. Whether or not the defendant can be located, the workload of the official to whom the proceedings are assigned, the number of parties involved, witnesses, evidence to be taken etc.
No. Court claims will be initiated by your procurator and barrister, who will submit all the documentation on your behalf. However, you may need to attend the court hearing. It will depend on each case. If the opposing party does not request your questioning, you may not have to attend the trial to testify.
Yes, when a judgement is handed down in the first instance, it can be appealed to the higher instance (Provincial Court). However, there are exceptions. For example, verbal judgments for amounts of less than 3,000€ cannot be appealed.
The appeal must be filed before the same court that handed down the judgement, within 20 working days. This does not include weekends, public holidays, the month of August or the Christmas period.
- Actions against developers/banks in Spain arising from unfinished or delayed construction projects
- Claims in respect of negligent/defective building work
- Tenancy disputes / eviction
- Personal Injury, car accidents, etc.
- Other legal and court claims regarding Real Estate and Property Law, Boundaries disputes, Neigbour dispute, etc.
- Ownership of jointly owned property.
- Clausula suelo: Mortgage floor rate clause ( minimum interest clause). It is legal?. How to claim against Spanish bank for interests charged back.
- Spanish Insurance Law . Claims against insurance companies.
- Claims against banks for the sale of preference shares and complex financial products.
- Professional negligence and malpractice in Spain Basic concepts for dealing with medical, architects problems.
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