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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.

Legal tip 165. When to claim against the Courts
20 October 2009 @ 09:47

Dear Goodstich:

Here the conclusion of the study regarding delays of the Justice system and possible liability of the State:

 The State Council, the highest government advisory body   to whom  these assessments regarding  financial liability of the State for delays in the administration of justice are submitted to be followed valuates the State is liable when a debt becomes impossible to be cashed due to undue delays or irregularities of the working of Justice services if:

1. - DAMAGE: The debt has been claimed against the debtor and it has become impossible to collect (this would prove the actual damage: impossible collection

2. - CAUSE-EFFECT: This impossible collection is related, in a precise way to irregularities in the administration of justice, being evident that if Justice had worked correctly the debt would have been collected.

So, in practical terms, if the collection of your debt is affected due to the creditor’s meeting, you need to wait till final result of the insolvency proceedings, and once proved you will not be able to collect the debt, you need to prove that the impossibility is clearly and precisely an effect of the Courts delay. A big job in terms of proving.


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