Ben2013

Hello guys,
Is anyone familiar with the following:
Someone in Alicante dropped a summons asking me to attend court without giving any reason and without sending any correspondence to my flat in Alicante and without any warning.
Is that common? And as I am away, what happens if you miss it and fail to attend?
Here's a copy of the summons:


(CITACIÓN Al no haber sido hallado en su domicilio se interesa su presentación en esta oficina del SCPAG de los Juzgados para la práctica de diligencia urgente de su interés, en el asunto indicado, el dia 24/41/22 próximo, o si éste fuera inhábil, al siguiente dia habil. Deberá comparecer personalmente con su DNI/NIE en horario comprendido entre las 9:00 y las 11:00 horas.)



Translation into English:
(CITATION As you have not been found at your home, you are interested in your presentation in this office of the SCPAG of the Courts for the practice of urgent diligence of your interest, in the indicated matter, on the next day 24/41/22, or if this is a non-business day, the next business day. You must appear in person with your DNI/NIE between 9:00 a.m. and 11:00 a.m.)

DLC

Whatever it is, not turning up won't improve things. It looks like they want to deliver something to you in person in which case maybe you could turn up before the date as well and they will do it.

bolton wanderer

Basically, they've tried to deliver you a legal document that required a signature and they're giving you a chance to collect/respond to that document.
BTW, really finding difficult to read the date that you've quoted.

Ben2013

Thank you for your replies. It's very helpful. I am in Britain right now. Luckily, I know a solicitor there. She will attend tomorrow as per summons to find out and deal with matter. As I shared the matter with you, I will let you know about the outcome.
Something to learn from this experience is that unlike the UK where you would be notified by post or email if there is any civil matter, given time to respond and take action, then resort to court, in Spain you may suddenly receive court summons without any warning and without giving you a reason.
I search for this issue in Spanish and I couldn't believe how many people were raising the alarm stating they were shocked to receive court summons without knowing the reason. It can be a frightening experience. No one like to see court summons addressed to them. But we need to be strong and positive and deal with such matters. These matters are in fact some of the challenges of life and we have to face them with calm and wisdom.
Thank you again. I will keep you undated.

Ben2013

Hi everyone.
My lawyer in Spain attended court on my behalf and I now know what the court case is about. I took out a health insurance, then canceled it because I no longer needed it as I intended to spend a couple of months in the UK. Despite being notified, the insurance company decided to take the case to court without any correspondance or warning. Luckily the cost they claim is just over 200 euros which I will pay in addition to solicitors fee of course. But it's all over.
But there are lessons to learn from this experience including:
​​​​​​. The Spanish system is strict and unpredictable. You can suddenly receive court summons and you go before a court without even knowing why you are there.
​​​​​​. Unlike the UK where there is a good appeal system, the Spanish bureaucratic system pushes people to pay instead of going through the hassle of appeals.
​​​​​. Unlike the UK, you may see an "embargo" in your bank account and money being taken against your will without even knowing the reason. That never happens in the UK.
I guess that's part of the price to pay for living in a place in the sun. (this is a personal opinion)
Thank you guys for your help and support. Unlike other Expat groups, you try to answer and help and provide information, advice and support. That makes this active group the best. Happy to be among you

Rosemary

Thanks for providing an up date and glad to know that the difficulty has been successfully dealt with even if the end result is negative.. Your thanks will be much appreciated by those who tried to be helpful.

Rosemary

DLC

For a service where you need to send a letter to cancel, sending the letter as a Burofax with certificación de contenido (Post Office keeps a legally valid copy for five years) means they don't even bother to take you to court because they'd lose.