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JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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I was in the process of buying a property in Spain when suddenly

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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
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 and 2 other Law Specialists are ready to help you
Customer: replied 4 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

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 4 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

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.