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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 4804
Experience:  Spanish Attorney
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I have a court case against a developer in Spain for non completion

Customer Question

I have a court case against a developer in Spain for non completion of facilities. If I lose this case then I believe they can seize my UK assets. How long would this take
Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

Abogado3044 :

Hi

Abogado3044 :

Its possible but very hard to manage

Customer :

What do you mean by hard to manage.

Abogado3044 :

I mean that in order to manage they will have to make a new procedure in UK

Abogado3044 :

An spanish judge can no seize your assets in UK

Abogado3044 :

So the creditor has to validate the spanish sentence in UK

Customer :

So how do they validate this sentence is it another court case. I have been told that the European court have made this easy now

Abogado3044 :

Its not so aesy, its a new procedure

Abogado3044 :

They have to validate the sentence in a new procedure, and once its made they need to ask for the UK judge to execute your assets

Customer :

Could I protect my UK assets

Abogado3044 :

No less than 6 months

Abogado3044 :

Well, if it is an important sum of money you must to protect the assets according UK law before they got the sentence

Customer :

Is it possible that a new procedure taken in the UK could just not validate the outcome of the court in Spain

Abogado3044 :

To inscribe them in another name as example

Abogado3044 :

Its possible but not easy to probe that the spanish sentence its not legal

Abogado3044 :

They could probe that the spanish sentence its legal and ask to execute it in UK ( 6 months at least)

Customer :

Yes I had thought of putting my property in another name and will proceed with this now i think just in case.

Abogado3044 :

But you need to do it as soon as possible

Customer :

Do you know if the change of name on property has to be done an amount of time before the court case

Abogado3044 :

because if you make it when you have the boubt, could be a criminal offence

Abogado3044 :

It has to be done after you got the debt in UK

Abogado3044 :

After the spanish sentence who forces you to pay

Abogado3044 :

Excuse me no after, before

Abogado3044 :

Before the sentence

Customer :

Yes I understand and is obvious otherwise it would definately be a criminal offence.

Abogado3044 :

That it is

Abogado3044 :

So, if you see the risk, make it now

Customer :

Thank you - there is always a risk and I had better be safe than sorry

Abogado3044 :

Thank you

Abogado3044 :

You are right

Abogado3044 :

Please to make a good rate of my service

Abogado3044 :

Have a good day

Expert:  José M. replied 1 year ago.
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