My question relates to litigation in Spain. I am supporting a friend who has been pursuing a case to recover 2+ years of rent arrears from a non-paying tenant in Spain. Her lawyer there has made a general promise to get her justice, and taken big fees, but the case has dragged on for 18 months with no end in sight. In order to form a judgment about the wisdom of continuing with this expensive & inefficient process, I would like to know how can I get access to the Spanish Land Registry, what the standard fee for this might be, and, when litigation against a debtor is initiated in Spain, at what stage do the authorities intervene to freeze sale of any assets the debtor/defendant may have that might be needed later to recover the money owed and costs of litigation if the case is awarded to the plaintiff.
Country relating to Question: Spain
Expensive lawyer in Spain, who makes general vague commitments to get justice but has been very defective in professional standards of information giving on specific points of law and progress of case.
I am an spanish attorney.
The Spanish land official web site registry is
If your attorney is negligent the best way is to change as soon as possible for another one
The person who could look for the goods and rights of the debitor in Spain its the attorney becuase for you to access to the catastro will be very hard, if you do not know where to find, its no so easy as asking for the propieties of the person, it does not work so easy, you have to know if a place could be of him and ask if the propiety you think could be of him actually is. Its so hard like that.
I will be here if you need mote information. Than you
Thank you for the website details. I will ask my Spanish nephew to peruse/explore the general outline of the site and possible usefulness to a non-specialist.Most importantly is my question about the precise point of intervention by the Spanish justice system in a case of litigation for debt recovery;the debtor may dispose of assets he has - while litigation is slow & protracted by bureaucratic processes & by poor service on the part of the plaintiff's abogado - in order to evade accountability, if he suspects he may lose the case & may be ordered to repay all money owed plus the substantial costs of litigation. If this were to happen the plaintiff suffers a double loss - no money can be recovered from a person who has no registered or traceable personal assets, and therefore the litigation has been an expensive and fruitless venture for the plaintiff. Does the Spanish legal system recognise this risk in its justice delivery process? If so, how is the plaintiff protected from possible wasteful legal costs seeking redress in a case against a very unscrupulous and calculating selfish individual who is exploiting the opportunities in the system of tenant protection rights that exist in Spain to live rent-free in another person's home and, possibly, to escape final accountability for wrongdoing by disposing of assets that could be seized,to repay the debt & costs, if the eventual court judgment is awarded in favour of the plaintiff? How insightful and balanced is the Spanish justice system in protecting both parties in a litigation dispute, particularly the financial risks being borne by the plaintiff, in your professional opinion? Kind regards, XXXXX XXXXX
Desar customer, I am sorry to read that your personal opinion of my job has not been usufull
I am not going to lie, the legal sistem in Spain is very poor
If the debitor has nothing to be seized the only fight to make is to get the use of the propiety rented because in most times the debitors has nothing and you never get money
It very difficult to follow these debitors and study what they have and the legal fight its hard and long
Study if the debitor has a job and I think its the only way to get some little money, most of these debitors has nothing more to be seized.
If he has a legal job your solicitor could ask the seize of the salarium as these rates
Divide the salarium into 644 euros parts
Firts 644 euros you can no get anything
Second 644 euros you can take 30 per cent
All the rest in 1244 and up you can take 50 por cent ...
So, for a 2500 salarium you can get 858.60
If you put the mensual paid he gets in these calculator you could get the maximun account to get from him at court
Gently I ask you to considerer the bad opinion of my personal job
I will be here if you need more help
I hope another expert could help you
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