samoht04661

Can anyone tell me the difference between a Civil case and a Criminal case? I am sure I heard somewhere that in Spain if you take out a criminal case and lose you don't have to pay any costs, but with a civil case if you lose you have to pay all the costs. Is this the case?

We have a situation were our builder has done a bunk with all our money and left us with a mortgage to pay we knew nothing about.

We have instructed lawyers to go after the builder as they told us this was fraud, but we have since learnt that they have made our case a civil case with some criminal elements.

Does this sound the right way to go? I would have thought a straight forward criminal case would have been better. All we are told from our lawyers is to trust us and let us do our job.

Confused and worried !!!!!

Mitzyboy

Just wondered .......... how did you manage to end up with a mortgage you knew nothing about?
Welcome to the forum?

CBANDY

I presume the builder had a mortgage on the land or property he was building and the OP has been left to pay it. I have heard of this happening before.

Mitzyboy

That sounds as if a solicitor hasnt done his job very well then

Veleta

With criminal law the case is prosecuted by the Crown, so if you lose there are no costs to pay because the taxpayer covers that for you. Civil is private, hence you pay.

I doubt you get to choose whether the case is civil or criminal....it is probably dictated by law.

For it to be prosecuted by the Crown there firstly has to be an offence commited which fulfils the definition of a specific criminal offence. Fraud is a criminal offence, but it will have a legal definition and various points which must match your case in full for the definition to be complete. Secondly it has to be in the "public interest" for the Crown to pursue this case on your behalf. If it is not in the public interest your only option is to pursue it civilly.

jjh

No, how unusual!!

poshnbucks

I would have thought you first port of call would have been the Police with all your supporting evidence in order he is denounced and the allegation(s) investigated.Another factor will be if this builder is one person or has a company wrapping which could have an impact on liability/Monies recovered. You give few facts in your question,Was a lawyer not working for you throughout the business you did with the builder. The lawyer you have instructed sounds like hes the builders brother in law.How do you know he has decamped with your cash and its not like a number of builders in Spain they can not get further finance to progress at this time of downturn and so buildings are put on hold. Also did you sign mortgage papers in respect of Land or building thereon? I do not wish to offend but on the face of your question you appear to have handed over cash without legal advice etc. Buyer beware springs to mind but without further facts we shall leave it there.

samoht04661

Thanks for all the replies.

Yes the builder took out a mortgage after we had signed our contracts without our, or our solicitors knowledge. And, yes the solicitor didn't do his job properly.

Thanks for all the help.