Litigation in Spain
As a law firm with clients from many different countries, we
have the advantage of being able to advise companies and
individuals in their own language on all aspects of Spanish
litigation. This can range from debt enforcement to complex
property matters including title and boundary disputes as well
as seeking injunctions and court orders. We always seek a
negotiated settlement first but if this fails we normally send a
burofax prior to action. If no response is received, we would
have to draft a full petition to the court with evidence
supporting your claim.
neighbour starts to build on your land or in front of your
property and does not appear to have a licence. This would
require an injunction which would bring a halt to the building
prior to a full hearing of the matter. In this case many Judges
will ask for a payment into court to protect the other party if
their claim fails.
No two cases are alike in litigation so seek advice on your
particular case. The claim would be for the amount owing plus
legal interest and costs. You can also ask for your own costs to
be paid by the other party, though these are not awarded in
full in all cases. For anyone who is considering litigation it is
important to get an idea of the costs which are the legal fees,
court procurator fees, disbursements for travel to the courts
and in some cases translations. Court costs are charged in some
cases.
When dealing with unpaid debts, the evidence would normally
be issued bills or a written loan or debt document. It is possible
to enforce a verbal agreement, but it would still be necessary to
have some evidence such as bank transfer documents showing
monies paid. For companies, the corresponding bills – facturas
– would need to have been issued and we can then make a
monetary claim if the value is less than 3.000€. If the amount
involved is more than 3.000€ a full court claim has to be
made.
Our specialist litigation lawyers Javier Florido and Reyes
Gómez can assist you. Contact us on 952 527 014 or
[email protected].
Disputes between property owners are often settled by
obtaining a survey – topografo – which can be provided with
your title deed to show that your boundary has been infringed.
If you cannot reach agreement, it may be necessary to provide
this evidence to the court and ask the Judge to make a
declaration. Another property issue that can arise is where a
De Cotta Law (De Cotta McKenna y Santafé)
Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office: - Calle Diputación 11, 29780 Nerja
Tel: +34 952 527 014
www.decottalaw.com
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