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José M.
José M., Attorney
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Experience:  Spanish Attorney
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i am being taken to court for non payment of community fees.

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i am being taken to court for non payment of community fees. My house is one of twelve in a community registered as such in the land registry. Two other owners are also in court to answer a case brought by the neighbouring urbanisation which claims that we belong to their community.

They have convinced a local court that we are a part of their urbanisation even though our title deeds say otherwise. They have given the judge to believe that they are a community in "fact" and this because no legal communtity exists for them. This is untrue and they are in fact twenty separate legally registered communities which have never been formally brought together under their one roof.

They have lost two cases against us earlier because they refused to produce legal documents to back their claims of being such a community of fact. The judge locally on that occasion asked them to produce proof having accepted our title deeds as proof we were not a part of them. They appealed and have now brought another local case against one of the original owners which as I say they have managed to persuade the judge to ignore our title deeds in favour of their "custom and practice" community over the last fifteen years. As a result the owner must now appeal again or face paying the fees plus costs.

How can this be?? We are trying to obtain wider proof of the existence of the twenty original communities from the land registry but our lawyer says that even if we do, the local judge is unlikely to overturn the decision they reached when finding in favour of our opponents based as it is on false evidence! What a can of worms!

Spanish justice open to corruption of evidence is what it amounts to!

Attorney3044 :

hI

Attorney3044 :

I am an spanish attorney

Attorney3044 :

Its incredible that I am reading.

Attorney3044 :

You mean that they are forcing the judge to believe you all are a comunity even when the papers do not say so

Customer:

that is correct

Attorney3044 :

Well You are forced to make the appeal and waiting for the answer of the Audiencia

Attorney3044 :

I am sure the Audiencia will make a sentence according to your rights

Attorney3044 :

I have not reading the sentence you ahve to appeal but I think its very improbable that you lose the appeal

Customer:

we are told that the appeal could go against us as apart from my wife and I who bought our property eight years ago, the other owners (all of whom are foreign) believed that they had to pay and did so until one of them found out we are n ot Legally a part of the urbanisation. This argument did not persuade the judge last week who ruled that our neighbour must pay.

Attorney3044 :

I think you have few risk

Customer:

also, our lawyer asked that the judge ask the other party to prove their case by producing the land registry papers but the judge refused to do so.

Attorney3044 :

In my opinion the judge is wrong. If there are no papers can no be a legal comunity

Customer:

but it has been collecting monies for fifteen years!

Attorney3044 :

Well, In the audiencia your attorney have a new chance fight againts the judge abuse

Attorney3044 :

Yeah, I know its expensive and take a lot of time

Attorney3044 :

But its the way you have to fight, no more

Attorney3044 :

Make the appeal and prove that there was never a comunity papers

Customer:

good, but he is not confident. He says that the land registry will find it hard to give us proof that the other community is not a legal one.

Attorney3044 :

In my opinion you do not have to probe that the comunity its no legal, its the comunity who has to probe its legal

Attorney3044 :

So I think you have alot of chance to win the appeal

Customer:

only if the court is made to look at the papers it seems. We are told this is up to the local judge one of whom did and we won, one of whom didnt and we lost. The appeal court sent the "lost" cases straight back to the local court and said that it must decide when our opponents appealed their lost two cases!! So, what trust can we have in the same appeal court??

Attorney3044 :

I have not readen the sentences but I think you have chances because i do not anderstand how the judge could tell that there its a comunity without papers...

Customer:

by listening to the gardener and security guard in court who claimed that we had used their services and by accepting that, although it was nebver formalised fifteen years ago, our twevle villas share common water pipes, pump and electricity cables with the Urbanisation. The gardener and security guard lied to the court. No one evr used their services but the court believed their word - they are both spanish and said they would lose their jobs as we had not paid fees!! True!

Attorney3044 :

Yeah, I anderstand that they are playing black with you

Attorney3044 :

Its the only way they have to probe and convince the judge

Customer:

and it seems are likely to get away with it even after appeal!

Attorney3044 :

may be could be hard

Attorney3044 :

but I suggest you to do it

Customer:

can you expain "



Its the only way they have to probe and convince the judge





10:26 PM



may be could be hard



Customer:

you now seem less sure! can you explain please

Attorney3044 :

I am going to try

Attorney3044 :

If they do not lie and the the judge the truth you will win

Attorney3044 :

Now the problem its to probe they are not telling the truth

Customer:

they must continue the lie otherwise they will be found out! Our lawyer says that if the appeal court will not examine all the papers we could be legally right but still lose the appeal - no guarantees! Should we risk that and all the extra costs? Our opponents are 290 properties with twenty times more money than us to fight the case. What do you think?

Attorney3044 :

I think your attorney is honest

Attorney3044 :

You have riskes if they keep of liying

Attorney3044 :

as long as you could probe that they are no honest you will not fail

Attorney3044 :

So, its not the matter who its right, the matter its to probe that they are not telling the truth

Customer:

Hmmm! Well, I expect we will have to weigh up the risks and decide but we are in the hands of courts that can choose to look or not look at large piles of paper it seems. Thankyou for your help on this anyway. Gracias!

Attorney3044 :

Gracias XXXXX XXXXX

Attorney3044 :

Thank you and get luck

Attorney3044 :

I will be here if needed

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