Please seek legal advice before signing any contract. Once it is signed then you have no course of redress and cannot claim that you did not understand what you were signing. We cannot stress this fact enough, as over the years we have seen this mistake made, over and over again. Make sure it is translated for you by an independent source and not, for example by the agent that is selling you your property.
Should you need a contract drawn up, make sure that it is drawn up in a way that it protects your interests.
Dealing with an insurance claim through a Spanish Insurance company can be so frustrating. In particular there are strict time limits for making claims or disputing settlement offers. Let us make take the stress out of it for you, we will deal with the claim for you.
Owner’s Community Problems
There are very few people unfortunately that have not had at some point a problem with their owner’s community. Sometimes it simply boils down to not being able to understand the community rules or that the letters sent to you are only in Spanish. We can assist with these matters. Rentals. Evictions, contracts etc.
At Link Point our aim is to demystify the whole court process. It is most important to remember that as soon as you receive a summons you go and see a lawyer. The time factor is essential and enables your lawyer to make the pertinent enquiries and discuss the case with you and prepare the ground for defence (or accusation).
When you denounce (bring charges against) somebody else in Spain, you can do it via a “denuncia” at the Guardia Civil, or in the National Police Station. If it is a criminal matter then the denuncia can be made directly in the local Courts. You cannot denounce a civil matter verbally in the court, you can however get a Spanish Lawyer (Abogado) to do it for you in form of a “demanda” (lawsuit) which is presented in writing to the Court, this method can also be used for a criminal matter.
At a later date, and this can be much later depending on which Court it is (Torrevieja Courts are notouriously slow), you will receive a “citación” (summoms). It will be sent to you indicating the date and time and which court you must attend. It may initially be as a witness so that you may testify and all the parties have the opportunities to state their version of the facts. We advise that you take your lawyer with you. You can also request a court translator, these are not always available and therefore may be wise to take a translator with you just in case. If the court translator is available then your translator will not be able to translate. This is however, at the end of the day, up to the Judge.
After the initial testimonial the Judge may summon you all for a Court case. At this point you will need to engage the services of a Spanish Lawyer. In a criminal case you can request legal aid, there are certain conditions of eligibility for on going legal aid, including income.
Once the case has been heard the Judge will issue the Judgement and there will be a period allowed for appeal.
We will talk you through each step of the process. In the instances where you may be summoned by the Forensic Doctor (in the cases where there have been injuries sustained), we will accompany you to ensure that you are understood and that your doctors reports, if in English, are correctly explained to the forensic.
We realise that a foreign court can be a scary prospect, but we are here to make the process more comprehensible and less daunting.
We also take of all of the following for you:
- Property Problems
- Debt Claims here or abroad
- Horizontal Property Law