Debts not paid
Collecting debts is a hassle if you are a creditor. When faced with a debtor who owes money and will not pay it back, if communication is unsuccessful, then the only way to collect the debt is through legal means. The law prohibits the use of violence to solve problems, so if the other party insists on not paying back the money, then the only way to solve the problem is through civil litigation. Litigation means a lawsuit, and a lawsuit is a time-consuming and labor-intensive thing. This is because not only do you have to spend money on lawyers for a lawsuit, but you also have to spend time arguing. Many people don’t want to bother if the amount is small.
Nonetheless, the law requires a lawyer only if the claim is for more than 2,000 euros. If the amount is 2,000 euros or less, the litigant can file his or her own brief and does not need to hire a lawyer.
Write a brief and go to court to file a lawsuit
The Code of Civil Procedure provides that for amounts up to 2,000 euros, people can write their own pleadings. The court has set up an official form for your convenience. The official form can be downloaded for free by clicking here. Below you will find an explanation of how to fill in the form:
The form is 2 pages long, so it’s not difficult to fill out. Here’s how to fill it out:
1.In the paragraph under “Al Juzgado” fill in the information of the litigant, i.e. our side.
2.In the second paragraph, fill in how much money is being demanded.
3.In the third paragraph, fill in the information about the person being sued.
4.In the fourth paragraph, write briefly about the reason for the suit.
5.On the second page you can choose between “Estimo pertinente la celebración de vista” or “No estimo pertinente la celebración de vista, solicitando que se dicte sentencia sin más trámite”. solicitando que se dicte sentencia sin más trámite”. The former is an application to argue with the other side in court, the latter is not. Personally, I think that if we have a good argument, we can choose to argue in court, and if we are not good at Spanish, we can find a good interpreter to translate for us.
After filling out the pleadings, you need to go to the court to submit them. The whole process is completely free, and you can also do it by yourself.
What happens after I win the case?
If the lawsuit is won, the debtor can apply for an execution of the other party’s assets. The other party’s assets will be frozen and auctioned off to cover the debt. If there is cash in the bank, the debtor can also apply to have it auctioned off. If the other party does not have any assets, the debtor can wait until the other party has money before applying for execution. Unless the other party never buys a car or a house or opens a bank account in his or her life, he or she will more or less get a little back.
It is also possible to apply for the execution of the other party’s property in other countries. A Spanish court judgment can go to another country and apply for authentication. Once certified it can be enforced in that country and an application can be made to freeze the property in that country. Although this route is very powerful, it is time-consuming and expensive to actually do. Unless the amount is large, it is futile.
Doesn’t the other party still have to go to jail for the money he owes?
If a person owes money in Spain and is unable to pay it, he is not criminally liable, he will not go to jail, he will not have a criminal record and his stay in the country will not be affected. Violent debt collection is strictly forbidden by law, so a person will not be imprisoned just because he or she has no money. All rights reserved .
Note: If the person has the ability to repay the debt, but by means of hiding the property, transferringitto another person’s name, etc., he or she will be held criminally liable. In other words, pretending to have no money when you clearly have money is punishable by imprisonment. Of course, in reality, the debtor must have evidence to prove that the other side of the transfer of property, otherwise it can not be convicted.
Does the police intervene if the other party owes money?
The police are only responsible for keeping the peace and preventing crime. The police are only responsible for law and order and crime prevention. Ordinary money disputes are not dealt with by the police. So even if a debtor goes to the police, they won’t care.
