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.
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.
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 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.
Our specialist litigation lawyers Javier Florido and Reyes Gómez can assist you. Contact us on 952 527 014 or [email protected]