Debtors

Information and questions about the Law in Spain and Andalucia.
Parilla
Resident
Posts: 465
Joined: Tue Dec 01, 2009 6:00 pm
Location: San Pedro de Alcantara

Debtors

Postby Parilla » Tue Apr 12, 2011 10:40 am

Does anyone know whether or not it is true that, if you are pursuing a debtor through the Courts, you can only sue for debts 4 years old and less, no longer than 4 years ?

Thanks, Parilla

User avatar
DavidSearl
Andalucia.com Amigo
Posts: 191
Joined: Thu Aug 13, 2009 5:47 pm
Location: Mijas

Re: Debtors

Postby DavidSearl » Sat Apr 16, 2011 8:20 pm

FROM DAVID SEARL

FOR PARILLA

No, it is not true. The four-year period refers to tax debts only. The period for personal or business debts is 15 years. If someone owes you money, either, say, for a personal loan, or in a business operation, you can initiate legal proceedings against them for the following 15 years. You can even apply for an extension of this period.

Good luck with it, David Searl
You and the Law in Spain

Parilla
Resident
Posts: 465
Joined: Tue Dec 01, 2009 6:00 pm
Location: San Pedro de Alcantara

Re: Debtors

Postby Parilla » Sun Apr 17, 2011 7:02 am

Thanks very much DS.

That's a relief, the courts are so backed up it is taking four years to get a hearing.

Parilla

ashtondav
Resident
Posts: 1468
Joined: Mon Feb 07, 2005 8:10 pm
Location: Northampton Frigiliana

Re: Debtors

Postby ashtondav » Thu Apr 28, 2011 3:25 pm

Aaargghh!

Is it really 4 years? I've just been down the notary's to give power of attorney to go through the legal process to obtain 2 years worth of debt from one owner in our community.

I must admit the interest is piling up on the debt so it will be a nice little nest egg when we get 6 years of community fees :wave:

shortfuse
Tourist
Posts: 19
Joined: Tue May 27, 2008 2:23 pm
Location: Costa Concrete

Re: Debtors

Postby shortfuse » Mon May 16, 2011 10:16 am

However, if the bank repo the property the most you would get is two years payment.

ashtondav
Resident
Posts: 1468
Joined: Mon Feb 07, 2005 8:10 pm
Location: Northampton Frigiliana

Re: Debtors

Postby ashtondav » Tue May 17, 2011 2:13 pm

Eh? Why is it only 2 years if the bank repos.

Alhaurincraig
Andalucia.com Amigo
Posts: 80
Joined: Fri Feb 11, 2011 11:36 am
Location: Alhaurin el Grande

Re: Debtors

Postby Alhaurincraig » Thu Jun 02, 2011 9:28 pm

You have to keep notifying the debtor. If the debtor hears nothing for 6 years then you can no longer persue them.


Return to “You & the Law in Spain”

Who is online

Users browsing this forum: No registered users and 1 guest