Surcharges on debts

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09 Oct 2015 23:54 by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

Do any of the learned posters out there have a view on whether surcharges slapped on unpaid debts and agreed at an AGM by the majority are legal under the Spanish Monitorio process?

i.e. Will a judge automatically award surcharges if the debt is accepted in Court?




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10 Oct 2015 10:04 by Jack5340 Star rating in Calahonda Costa Del .... 55 posts Send private message

Hi Hugh_man, We have been told that surcharges won't be granted by a judge. There is away around it. Instead of a surcharge the community increases the community charge by 25% for everyone and gives the people that pay on/in time a 20% discount. By doing this those that pay on/in time do not pay more but, those that don't pay on/in time pay the full community charge without the discount. We have been doing this for some time and those that we have taken to court have had to pay the full amount of the community charge.

Don't say you can't do something without adding the word YET after it.

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10 Oct 2015 10:45 by johnzx Star rating in Spain. 5246 posts Send private message

The MO shown by Jack, is now (for last couple of years) used by our town hall with regard to IBI payments.  The previous MO had to changed when the 'opposition party' said it was illegal to give discounts to some only.


This message was last edited by johnzx on 10/10/2015.

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10 Oct 2015 18:49 by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

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Thanks Jack, exactly what I introduced on my Community 2 years ago and  works well improving cash flow and payment times.

My question was posed as the Administrator on the resort insists to all other Communities and Entity that surcharges, if agreed at AGM are legal and many debtors do indeed pay the surcharges to avoid court action but we have still not seen a legal judgement for proof they will be included.


Still looking for views of others, even possibly Maria.

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