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Thread: defending debt recovery/ small claims in Spain

  1. #1
    Junior Member
    Join Date
    Jan 2012
    Posts
    1

    Default defending debt recovery/ small claims in Spain

    I used to work in Spain for a UK company, I was interviewed in Spain, offered the job in Spain, worked in Spain, paid Via Gibraltar and the case in question was carried out in Spain.

    They are trying to re-claim commission paid to me (£2000) for a case which cancelled after I left the company (the client is still theirs). I had no contract with them and I was self-employed, I signed nothing.

    They have just registered a County Court Judgment summons in the UK based on a verbal contract and implied law (that it is industry standard to repay commission (based on UK rules, I disagree with this and can prove them wrong))

    Based on the fact most of this happened in Spain, the UK court may not hear it here and it may have to filed in Spain.

    Does anyone know how hard it will be for them to prove a verbal contract and implied law (based on UK rules) in a Spanish court and also how hard it would be for me to defend it considering I live in the UK and do not speak Spanish?

    Thanks!!

  2. #2

    Default

    Hello Si-c,

    It certainly is more convenient to process the court claim at the Spanish courts of Justice. As you live in the UK, it will be more difficult for them to have confirmation of you being formally notified of the claim. We recommend you to answer the UK courts summons indicating that is not the right legal body to process the case, however, we suggest that you first get legal advice from a British solicitor that can confirm this is feasible.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

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