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Can I recover monies owed to me by a defendant living in Spain?

Civil Law

Francisco Garcia Ramirez

28th of November 1999

Q. A client has recently gone to live in Spain owning me a great deal of money (Ģ14000). What is my course of redress through the Spanish system, and how difficult is it?

Susan
England

    A. This situation often arises in the Costa del Sol where fellow compatriots, in breach of their contract of whichever nature, default payment and "run away". My office has on one ocassion dealt with this matter succesfully.

    Spanish law allows you to sue in Spain for performance and/or damages for breach of contract in the U.K. where the defendant is domiciled in this country. The judge will pass a ruling applying English Law and it will be enforceable both in the UK and in Spain.

    You need to bear in mind the following:

    • Is there a strong case in view of the documentary evidence?
    • Is the defendantīs address known?
    • Does he have any assets in Spain?

    If we get positive answers to these three questions, you have many chances of succeding.

    We would be happy to assist you in recovering the debt if the situation is favourable enough.

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