From time to time worried clients approach us saying that they have received a notification from the local Court advising that they need to collect a document from the local Court in person.
What this is can vary, but usually, it is some type of accusation against the clients. The most recent accusation we saw was claiming for damages to a lady, as owner of a property, to do with a water leak from her apartment affecting a property below, however, it happened six months before she purchased the house and the previous owner had ignored the claim.
In these circumstances, what happens next?
If there is a case for defending the claim (and in the latest case, there was), then we need a provision of funds and a litigation power of attorney. Then our solicitor will present the defence to Court within the timescale stated.
After this the opposing party (in this case an insurance company) must present new allegations, then the Judge will decide if a hearing is required or not.
If a hearing is necessary, then the clients will need to be in Spain at that time.
If a hearing is not required (as in some instances it is not), then the Judge will grant a resolution directly
So if you receive one of these letters (hopefully not), then please contact us.