Search:     Go  
The Spanish Lawyer Online
The Spanish Lawyer Online
+ Reply to Thread
Page 2 of 2 FirstFirst 12
Results 11 to 13 of 13

Thread: Shameful Tenant Tactics To Avoid Eviction

  1. #11
    Junior Member
    Join Date
    Nov 2017
    Posts
    18

    Default

    Quote Originally Posted by ifv View Post
    Hello Humbug

    I wouldn't put too much hope in the letter you wrote to the former Spanish Minister of Justice. On the other hand, if your tenant happens to be a provincial leader of a political party, as you state, then perhaps you shouldn't wait until the court case is over to tell the Spanish press about it. Newspapers are eager to publish stories that involve politicians, especially those that don't share their ideology. If Spanish justice isn't working for you, other less orthodox means might.
    Yes, I've had no response from Dolores Garcia and finding the email address of the new Minister of Justice is proving problematic.

    The tenant is/was the provincial president for 'Ciudadanos de Centro Democrático' now called the 'Coalición de Centro Democrático' . One of their senior members who tried to become mayor is the owner of the company that is mentioned on the invoices (that the tenant produced as 'evidence' in his appeal). The invoice is for over 10k euros that he said he spent getting rid of mould from the department in the month he moved in . Lol! How can the courts even believe a new tenant would spend 10k of his own money in the same month he moves in!!!! And the tenant never mentioning any of this to us in the next 2 years in which he paid the rent on time. The courts never even questioned the authenticity of the invoices that were produced in court or the fact that they could be fraudulent.

    Its like the Spanish courts giving permission for the tenants to fabricate evidence without redress . Just go ahead guys and girls , make up your own evidence to drag out the court case , we will pay all your court bills if you are due free legal aid while we squeeze the landlords with massive legal court costs to fill our depleted coffers.

    Its unbelievable!!!

  2. #12
    Junior Member
    Join Date
    Nov 2017
    Posts
    18

    Default

    Now 1st Feb 2020 and we find something even more bizarre and unbelievable.

    I found a website for the Supreme Court of Spain where one can complete an online request to confirm the status of the appeal . It asked for all sorts of information and 'appeal case' references and court registration numbers etc. I informed my solicitor and he couldn't find any 'court references' so he checked where the defendants lawyer sent the appeal .

    He noticed that they sent the 'recurso de queja' to the WRONG COURT !!!!!! They sent it to the 'Audience Provincial ' instead of the 'Supreme Court' .

    So we have been waiting for 3 months for nothing!!!!!

    Why did the defendant send it to the wrong court? Probably to cause more confusion and delay of his eviction.

    Why didn't the Audience Provinvcial Court immediately return the appeal back to the defendents lawyer via the procurador?

    Is there such a thing as a 'WORKING PROCESS' in the Spanish judicial system or do they just make it up as they go along? What a completely rubbish 'fit for nothing' legal process there is in Spain - absolutely worthless and nonsensical.

    So here we go again , the defendent had 5 days to appeal against the last Supreme Court rejection so I'm assuming (unless the Spanish judicial system has some other nice rule that they can 'pull out of their hat' to protect tenants while ripping off landlords) that the deadline has passed and he has no other forms of appeal.

    The eviction order has been raised again and I am expecting the tenant to sack his free-aid lawyer again so that the eviction cannot be processed (ie. another 2 week delay).

    What a joke this Spanish system is - completely and utterly useless waste of time!!!!

  3. #13
    Junior Member
    Join Date
    Nov 2017
    Posts
    18

    Default

    14th Feb 2020

    The court have accepted the eviction order and will pass it for injunction to the SCNE in Denia. But here is the joke part!

    It says that the tenant has 5 days from the date of this order (11th Feb) to APPEAL !!!! Yes 'APPEAL ' even after he has already failed in his original appeal and also failed in 'his appeal against the rejection of his original appeal'.

    So we know what happens now :

    1. The Procurador will not be able to find a lawyer that represents the tenant (because he's probably dismissed him again).
    2. The court will stop the eviction process and give the tenant 10 days to find another free legal aid lawyer or instruct one to represent him.
    3. After a lawyer is established to represent the tenant, the notification of eviction will be submitted to him by the procurador giving him 5 days to APPEAL.
    4. The lawyer has no other legal means to appeal against the eviction WE HOPE ! BUT NOTHING SURPRISES ME ABOUT THIS RUBBISH 'NOT FIT FOR PURPOSE' LEGAL SYSTEM.
    5. After 5 days , a date for eviction will be set
    6. SCNE Denia will then try and evict the tenant.
    7. On the date of eviction there will be a crowd of his political friends who will try and stop the eviction by physical means.
    8. The eviction might not go ahead
    9. A new eviction date will be planned but with the help of many Spanish Police.

+ Reply to Thread

Bookmarks

Posting Permissions

  • You may post new threads
  • You may post replies
  • You may not post attachments
  • You may not edit your posts
  •