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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6141
Experience:  Spanish Attorney
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After ten years of trying I was finally awarded my money back

Resolved Question:

After ten years of trying I was finally awarded my money back from an ill fated property purchase in Almeria, Spain. The bank who I had sued appealed to the Provisional Appeal Court who upheld their appeal and orderd me to pay back the money I received plus my lawyers fee which had been taken by them before returning the balance to me.
I have 2 options:
1) To appeal to the Supreme Court, which my lawyer recommends, at a further cost of 5,000 euros plus the banks costs if i lose the appeal. As a pensioner I cannot afford these costs.
2) Do nothing and let the bank sue me in the UK for the (my) money back.
My question is how would the Spanish bank go about this and is their any way I can fight it through the UK courts as I have no longer any faith in the Spanish legal system!
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
José M. :

Hi there

José M. :

José M spanish lawyer

José M. :

You can no sue the spanish bank out of Spain, and the spanish bank has a hard work to sue you or seize you out of Spain

José M. :

If you are sick and tired of them you could do nothing and forced them to spend money and time to sue you in UK. Probably they do not do it

José M. :

In the other hand you could look for a lawyer in Spain who wants to take the job for a little money and only get the rest if successufull

José M. :

I mean, you could deal with a lawyer to go to the supreme court just for a little cost and allow him a percent if win

José M. :

In most cases lawyers take this kind of cases this way and you will be sure that the lawyer will do his best if he do not get pay if he fails

José M. :

Think about it and ask for several budgets and decide what to do when you know the prices, riskes, and the rest of the information

José M. :

At the end, if you do nothin or lose, the bank will get a hard way to seize you in UK

José M. :

Ussually they do not do it

José M. :

I could send you some names of spanish lawyers who could take your case dealing with you a price if winning and taking the case for a little money in advance

José M. :

I will be here if needed

José M. :

Thank you

Expert:  José M. replied 2 years ago.
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Customer: replied 2 years ago.

Hi Jose M

Thank you for your detailed reply.

My present lawyer is Costaluz Lawyers, Algeciras, Cadiz.

They inform me I must decide by 9 January (Friday) if I wish to appeal to the Supreme Court. The 20 days have elapsed due to not being informed of the Provisional Appeal Court decision until the 25 December and then not being able to contact my lawyers until the 6 January due to the Christmas holidays!

This now gives me no time to instruct a new lawyer to take on my case in the way you suggest.

If I do nothing what is the possibility that the bank (Banco Popular) will instruct a UK law firm to sue me for the outstanding money (57,500euro)?

Kind regards.

Peter Openshaw

Expert:  José M. replied 2 years ago.

Hi there

You have no time really to decide and if you don not have it and you can no affort the expenses your lawyer requires, could be better to let it go

Banco Popular will find very hard to sue you in UK

I think your best will be let it go and wait

Thank you

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