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El blog de Maria

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

Legal tip 235. Warning on uncontested claims
25 February 2010 @ 13:06

For any of you having interests in Spain, which could produce a claim against you, we highly encourage you to check what is the address for notifications related to the said interests so you can effectively answer claims against you.

If you have a property in Spain: address for notifications is the adress of the property itself unless you notifiy to the company providing services related to the house ( phone, electricity...) or the Secretary/administrator of the Community of owners on the change of address for notifications.

If you have a business in Spain: address for notifications is the address of the business which is registered in the Company registry.

Both Social Security and Treasure department ask you to mention an address for notifications when registering in the system.

If you have a current off-plan contract which might produce a claim of the developer against you, it is highly advisable to verify if the address mentioned in the contract for notifications purposes is an accesible and easy-to-reach address for you as, on the contrary, some developers might be using the procedural "game" of notifying you in an address you cannot reach and use this   European Regulation of 2004 for the execution of debts which has not be contested.

 

Article 3

Enforcement titles to be certified as a European Enforcement Order

1. This Regulation shall apply to judgments, court settlements and authentic instruments on uncontested claims.

A claim shall be regarded as uncontested if:

(a) the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; or

(b) the debtor has never objected to it, in compliance with the relevant procedural requirements under the law of the Member State of origin, in the course of the court proceedings; or

(c) the debtor has not appeared or been represented at a court hearing regarding that claim after having initially objected to the claim in the course of the court proceedings, provided that such conduct amounts to a tacit admission of the claim or of the facts alleged by the creditor under the law of the Member State of origin; or

(d) the debtor has expressly agreed to it in an authentic instrument.

2. This Regulation shall also apply to decisions delivered following challenges to judgments, court settlements or authentic instruments certified as European Enforcement Orders.

Our advise: two practical rules:

1.- Pay attention to every claim against you in Spain with the help of a good lawyer

2.- If you already have a lawyer of your choice and trust, we would advise you to ask him/her to send a notification of the LawFirm address as address for notifications.

Maria L. de Castro


 


 Playa Famara en Lanzarote by palestrina 55 at Flickr.com

 

 



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1 Comments


Moraira Property said:
25 February 2010 @ 12:36

Good advice. Particularly relevant for British Expats. When Brits move home in the UK most will arrange for the UK post office to forward all mail. Otherwise forgotten debts can be escalated to court action without the clients’ knowledge. The consequences of this can be significant. Just as important that procedures are put into place in Spain.

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