Question for Maria re siezing of assets

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11 Nov 2008 00:00 by lizmac Star rating. 5 posts Send private message

Having attended a breach of contract case in the Spanish Courts in the summer we were advised end of July that the judge ruled in our favour.  We were then advised that the builder had time to lodge an appeal but due to courts closing during September and then the court itself being in a "bit of a mess" we were told a few weeks ago that the appeal was not lodged.  Our solicitors have now advised that we have to sieze assets to the value of what we are owed and this will now incurr more legal expense.  Is this they only way forward to get our monies returned?   Also despite several emails over the last few weeks without reply from our solicitor we have not been able to proceed our case any further and don't know if there are any timescales attached to this.

Grateful for any info you can give us

Beth

 





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27 Nov 2008 08:18 by A. Flores Star rating in Marbella. 54 posts Send private message

Hello Beth,

If you have a final judgement in your favour you would want to execute it as soon as possible as time is not, unfortunately, on your side. This is a separate sub-case for which new fees will be required although if you stick with the same lawyer these should be less than otherwise, in consideration to the fees previously paid to this solicitor. If you won the case with this lawyer I suggest you continue with him, of course, if he ever answers your emails!



_______________________
Antonio Flores Abogado/Lawyer Reg nº4712 (Malaga Bar Association) ...



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27 Nov 2008 10:09 by lizmac Star rating. 5 posts Send private message

Thank you very much indeed for this information Antonio it is much appreciated.  When you advise time is not on our side can you clarify how much time we have?





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27 Nov 2008 15:10 by mariadecastro Star rating in Algeciras (Cadiz). 9330 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Beth:

As you asked directly to me,  I want to correspond to your question. I love explaining the legal stuff to people, my mom was a teacher and my father is a lawyer... that might be the reason

 The loser part can comply with the decission against him/her either voluntarily ( within 20 days after decission has passed) or by execution of assets if that did not happen. It is an independent procedure rooted in the cancellation action. It has his fees. They are generally paid at the end of the procedure, but lawyers can act for a provision of funds. Those fees are generally imposed to be paid by loser pat so very likley you will be eventually paid all those amounts back together with deposit, legal interests and dlay interests.

Hope that helps.

Best,

Maria L. de Castro



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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28 Nov 2008 13:03 by ads Star rating. 4022 posts Send private message

Maria,

Are you referring to an enforcement order here?

Can it take a long time before an enforcement order is enacted by the courts? Is this enforcement order treated as any other case waiting to be heard by the courts, or does it take precedence? In other words might it go to the back of a very long queue of outstanding cases?

Thereafter once the order has been enacted is there any time limit set for the losing party to return monies/assets? What if they fail to comply with the enforcement order? Is it a complicated process to finding their assets (bank accounts etc) or should it be a straight forward exercise?

 

 





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28 Nov 2008 13:40 by mariadecastro Star rating in Algeciras (Cadiz). 9330 posts Send private message

Legal Questions? Speak to Maria Direct

Dear ADs:

Answering to you below in bold green:

Maria,

Are you referring to an enforcement order here? Yes, I am.

Can it take a long time before an enforcement order is enacted by the courts? It will depend on how diligently the petitioner acts for it. Is this enforcement order treated as any other case waiting to be heard by the courts, or does it take precedence? In other words might it go to the back of a very long queue of outstanding cases?  No,it will not. it will be done immediately after is petitioned.

Thereafter once the order has been enacted is there any time limit set for the losing party to return monies/assets? 10 days for the losing party to pay or oppose the order. What if they fail to comply with the enforcement order? Is it a complicated process to finding their assets (bank accounts etc) or should it be a straight forward exercise? Well, it always takes its time, but again, it will depend very much of diligency of Procurator and Lawyer appointed. 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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