Question for Maria. How long can Spanish courts hold claimants monies and what are the rules governing interim interest?

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13 Apr 2023 1:18 PM by ads Star rating. 4101 posts Send private message

Dear  Maria

Please can you advise how long can Spanish courts hold claimants money that has been deposited into the courts safe keeping following a successful Bank claim, and not process a court order by the procurator?

Can this be an indefinite delay or are there legal time limits in place to protect from excessive procedural delays of this nature?

What would be deemed an " excessive" delay by the legal team?

Do the courts gain interest on claimant's monies held in the interim?

Given the Bank having deposited monies owed is no longer liable for interest on these monies, can the legal team reclaim any interim interest accrued by the courts, as part of the delayed court order process, or is there no facility to do so?

In other words are Spanish Courts under any legal obligation to return any additional interim accrued interest due as a consequence of procedural delays which are not of claimants making?

Has this impact on final enforcement to the ACTUAL RETURN OF MONIES to client accounts, according to successful judicial rulings, now become a major problem for legal teams and clients alike? Are claimants effectively financially protected from excessive delays in this regard?

Many thanks in anticipation!

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23 May 2023 1:01 PM by ads Star rating. 4101 posts Send private message

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