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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5739
Experience:  Spanish Attorney
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After many years of legal action the Supreme Court has ruled

Customer Question

After many years of legal action the Supreme Court has ruled in my favour against a Spanish building firm (Marbella Vista Golf) in the amount if €200k. This is made up of the return of a deposit on an illegal build plus interest plus legal costs.
The firm in question is protected by 'suspension de pagos'.
Is it likely that I will ever be paid and how long might this take?
What happens if they just don't pay?
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.

José M. :

Hi there

José M. :

As soon as you have the sentence in your favour you has the right to go to the court wchich knows about the concurso and intruduce your credit there

José M. :

The chance to see some money some day will depends on the assets the company have

José M. :

The concurso evaluates all the assets and the credits and share the sums obtained selling ou the assets between the creditors

José M. :

Now you have to contract a local attorney who study the case and who tell you honestly if you have achance to get something

José M. :

If the lawyer you has now it not honest or clear enought contact another one

José M. :

I advice you that it is not easy to find if you have a chance or not because the lawyer has to study, once contracted, the list of assest and creditors. SO be patient and trust on the lawyer you contact

José M. :

Thank you

Customer : Thank you for your reply.
Customer : What I don't understand is how long the company can remain in suspension de pagos before it is known which creditors will be paid and how much. Could it be 6 months, 1 year, 10 years? How is it determined the suspension is finished? Does the company then become bankrupt? In this case they have unsold properties in the company but may find it difficult to sell.
José M. :

I am on line if you need more help

José M. :

Nobody could answer your question as long as we do not know about the assets of the company and the appeals they could do

José M. :

This procedures are only fast when there is nothing to be shared

José M. :

But in the best case do not wait for your money for several years being lucky, may be 5/7 years...

Customer : They have appealed and lost the appeal in the court of Madrid. They can no longer appeal the judgement. I don't know what assets they have (other than unsold flats) nor do I know how many other creditors there are. Does Spanish law allow the company to remain in suspension de pagos indefinitely? Can I take further legal action to recover the money they owe me?
José M. :

No, may be they are in suspension the pagos, (Bankrupty), now because they ahave no money enought to pay you

José M. :

The first thing your lawyer will do once contracted is to check the registred assets of the company and the creditor list

José M. :

Whith that information he will have an idea of your chances to get some money back

José M. :

As more money to get more time will be needed to wait for

José M. :

So, the way goes through contracting a lawyer who study the case and be honest with us

José M. :

If you do not trust the one you have contracted look for another one

Customer : OK I guess it has frustrated me that after five years and a lot of money I win the case and they just don't pay. If I had lost I would have to pay their costs. It's a one way bet for them which is why they appealed. In my view they should only be allowed to appeal if they can pay if they lose.
José M. :

Yeah I know how you feel... Its like they do not lose at all

José M. :

But believe that if you are patient and you look for a good lawyer you could give them a lot of problems also

Expert:  José M. replied 2 years ago.

I gently ask for a good rate of the service, its the way the site pays the expert

Thank you

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