How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM, Solicitor
Category: Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

I was in the process of buying a property in Spain when suddenly

Customer Question

I was in the process of buying a property in Spain when suddenly Aifos went into administration. I have been told by my solicitor in Spain that I have to attend court in Malaga even though Ive not received anything from the courts. The case is on 17th and 18th of February 2014 .

The solicitor in Spain has provided no information over the last 3 years and I have very little faith in him. Do I have to attend court as I have 3 children to look after and this will cost me about £500 for the 3 days over there
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Why have you been asked to attend? Has you lawyer over there raised court action on your behalf? I presume not if the company is in administration and you should ask your lawyer specifically why your attendance is necessary. Clearly if you have lost money, the question to ask is what are the chances of your attendance resulting in the return of your money.

However, the answer to your question is that a foreign civil court cannot compel the attendance of someone outwith their country to attend court.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 9973
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

The solicitor is taking court action on my behalf and I quote from his email you have been summoned to appear before the appeal Court in Malaga (Audienca Provincial de Malaga) next 17th &18tu February 2014 at 9.45am in the court case against the representatives of Aifos,S.A.


He also states that If I do not appear, nor provide a just cause for your absence,a fine could be imposed upon you from 200 Euros to 5000 Euros.



The case is in relation to Penal Lawsuit presented against the direvtives of Aifos.


Are the fines valid.Do you still think I do not need to attend. In any case I do not have the address of the courts as there appears to be 5 courts in Malaga

Expert:  JGM replied 2 years ago.
Your lawyer has sent a standard citation presumably but the law is that a witness can't be compelled to attend a foreign court.

However the more important issue may be that if it is YOUR case you SHOULD be attending otherwise your case may be thrown out because of your non attendance to give evidence.

You should call the lawyer in Spain and discuss this, in particular what the consequences for your case are if you don't appear.
Customer: replied 2 years ago.

Could you please let me know about the fines as I cannot afford them and in any case he wont reply to any of my emails

Expert:  JGM replied 2 years ago.
The citation isn't enforceable so the fine isn't enforceable but my point is it's your case and you should be there. If he won't respond to emails you will have to call him.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice