long term debtors

We are a community of 100 apartments, apart from several repossessions where banks are slow to pay fees (we have in fact taken Bancaja to court ). We have 3 uncontactable owners...only a name, 2 others being taken to court in the uk, and the developer who owns one property.

Thats 6 properties owning average 9,000e +,(4 years debt, never paid a penny ) the problem is the spanish courts take 4 years (estepona ) but for any repossessions the banks are only responsible for max 2 years meaning there is a big possibility we will never see half this money.

I was initially told the the community will always get its money but thats not the case because of the idiots who write the rules giving the banks a get out.

There seems no quick method , I would dearly like to put Embargoes on all these properties but cannot do this until we get in front of the judge and by then its too late.

Any advice welcome or if my community law facts are wrong let me know.

I am the president of our community and desperate to sort out a solution

Nick

Hi Nick

If you are taking the UK court route, is this through the (newish) European Directive ?

Hi Tinto

You only need to use the Spanish court system for Spanish Owners plus I think two other nationalities. Under the new European Directive you can pursue the other European nationalties (UK, Ireland, Germany etc) through their own national courts.

It just takes a matter of weeks.

You can get more information here www.communityfees.com whom we use on our Urbanisation with great results without costing the Community a cento

 In slow jurisdictions you can always ask for preventive seizure of goods

Hi Nick,

We have a meeting tomorrow with communityfees.com to assess our possibilities (have sent you a pm), will let you know how it goes,

Cheers,

Peter

Hi everyone,

We are a community in lanzarote, like many others we too have our problems with long term debtors. We have been to Court, won judgements and STILL the debtors do not pay. We must go back to the Court and basically plead for our money time after time.

I'm very interested in Maria's comment about 'Preventitive Seizure of Goods', can you please explain a little more?

Our community was established over 20 years ago, we have debtors going back over 5 years.

Steve.

where can i find out about "preventive seizure of goods" against debtors

 Every year we vote at our AGM to take action against the community debtors.  The Administrators start legal proceedings for that year.

We don't get to see any money though and next year the debt has increased.

 In one case the property is being repossessed and from what I understand we will only get 2 years community fees back.

I just don't understand the process at all.  It seems ineffective to me.  Can anyone explain to me what happens in the legal process?

Costa:

I expect the Administrator engaged a lawyer to institute proceedings for the recovery of the debt, and to act for the residents' association in these matters. .  It might be an idea to have a talk with that lawyer as s/he would be in the best position to explain the process to you.

As I might have mentioned elsewhere it is a good idea also to have a copy of the By-laws for your residents' association.

Patricia

 Yes I will ask next time I see her but we are in the UK and I just thought someone on here might know. 

Hi

We have a long term debtor. Haven't seen or heard from him in years. We have taken an embargo on his property a he is forbidden enter it until he has seen the judge. After 4 years of legal wrangling we will be able to sell his property at public auction before christmas if he doesn't pay his bill.

 

GB Pimney are the ones to check out. Tried them a few months ago and they have come up trumps on 2 debtors. Worth a look at!

http://www.gbpimney.co.uk/community-fees-collection/