Embargo on house
 

We have been living in Spain for a few years now and have always tried to do things right e.g. pay our taxes and be legal.
OH is self employed here in Spain. He has work but has struggled over the years to pay his social security payments.
He has paid all his taxes every three months.
I found out a few days ago that he owes 5,000 euros on his s.s. this has added up with interest and fines.
He did go and see them a year ago when he first started to get into difficulty but was told that they had put an embargo on his work van but they offered no help.
Everyon told him to sign off self employed but he is proud and wanted to do things right.
He had a phone call from s.s. a couple of weeks ago saying they needed to speak with him. He went to see them and took a translator with him as his Spanish is ok but he wanted to be sure about what they were saying. They told him he needs to pay the 5,000 but also advised him to keep signing off every other month or so to catch up with payments.
They told him that they had now put an embargo on our house for the 5,000 euros.
This week a letter from them addressed to me saying they have now put an embargo on our home for the 5,000 euros and that we ourselves cannot sell the property. They sent the letter to me as I own half the house.
There is no mortgage on the house.
We were under the impression that the embargo would stay there until we sold the house and we could then pay off the debt but we are now not sure as this letter seems to indicate that they can sell the house.
Does this now mean that the government can now sell our house to get the 5,000 euros my husband owes them. What about my half share of the house what happens to that. Will they just auction our property off for whatever they can get for it as long as it covers the 5,000 euros.
Anyone have any experience of this. We can´t employ a lawyer as we don´t have the money to do so.
We can´t tighten our belts anymore, we have never had a holiday since we have been here, don´t go out etc. etc. we really do not have a very good quality of life her.
I know people will say go back to the u.k. but we are penniless so how would we go about finding somewhere to live until we got jobs.
Cany anyone give us any advice on this please.

Re: Embargo on house
 

Oh boy. Not pretty at all. Your house is much more attractive than the €5 grand.

You need a lawyer. Public defender? As I have never needed one, I don't know if such a thing exists, but you need one. Now. Perhaps someone else can direct you.

Edit: is there anyone you can borrow the €5k from? Cash in a life insurance policy? Anything?

In any case, YOU NEED SOUND PROFESSIONAL ADVICE, NOT OPINIONS ON AN INTERNET FORUM. You can fix this this. But it will take some sweat.

Good luck.

Re: Embargo on house
 

As Concierge for the Spanish section of BE I would like to say hello and welcome.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

Re: Embargo on house
 

Contact your nearest expat HELP or similar organisation and go and see them. They will have access to proper advice and such a situation is not new to them. Many of them have an internet presence with phone numbers.

Nobody will be able to take your house away to settle a 3,000 Euro debt to the Social.

Re: Embargo on house
 

Oh yes they can. And they will if there is no action to stop it. Granted, it could take them some time, but they WILL do it eventually. The sooner you get professional help, the less risk and likely, much less cost.

Re: Embargo on house
 

Thank you for the replies. We would like a lawyer but lawyers don´t work for free. It would help if they would let us sell the house ourselves at least we would try and get a better price for it.

Re: Embargo on house
 

You still need sound advice. I suggest taking HBG's advice and seeking an expat organisation for initial consultation. It shouldn't cost anything.

I've heard that the state will provide an Abogado for free if you can prove you're skint. Even that would be better than nothing.

Re: Embargo on house
 

Thank you amideislas but would the state really provide an Abogado for free when they are the ones wanting our home.

Re: Embargo on house
 

One has nothing to do with the other. Those seeking to take your house wouldn't know that you've applied for legal aid. Different departments.

Again, go to a expat organisation or even the consulate and find out what they advise.

I have every confidence that you can prevent losing your home, and may even be able to make life a lot easier. But not taking proper action is the worst thing you can do. Get the advice of those who know.

Re: Embargo on house
 

Where do we apply for legal aid and would we get it as my husband is self employed and does have work but like I said we are struggling like many others to pay the overheads in this country.

Re: Embargo on house
 

Good question to ask an expat organisation. In the final analysis, you may not even need a lawyer if you have knowledgeable advice and help with paperwork, etc.

Re: Embargo on house
 

Hi, just in case it may be of help to you, there is a Facebook page
called Citizens Advice Bureau Spain, and I believe some of the people on it are lawyers who may be able to advise or assist you. Worth giving it a try.

Good luck:thumbup:

Re: Embargo on house
 

What area of Spain do you live in as this may help people to give recommendations regarding legal people or advice places:

Rosemary

Re: Embargo on house
 

CAB Spain seem to be very good if you google them you should be able to see the site but you will have to join to ask for help. Easy to do takes about 2 or 3 days so do it now then ask Myra Swainson your questions she seems very knowledgable and you can do it by private message. Do it today!

Re: Embargo on house
 

Here you are a link to CAB Spain....

https://www.facebook.com/groups/citizensinspain/

It is a facebook page and you join the group, takes about 2 hours before you are given the go ahead to post questions.

It is free and just offers expert advice to expats.

Re: Embargo on house
 

Good advice Bri and Katee. I'll have a look myself as my situation is not so far from the OPs. I can't possibly say what the government will do. in your case...or in ours if it came to that. But I suggest that you keep all correspondance from them and notes of all visits etc. If you don't have good Spanish take a friend and advocate who can speak for you. And cling on! You might also check the stop Deshaucios people for advice. I think it unlikely that the government will take your house during the crisis if you have had a low income during this whole period. I would get the advice of a gestor. They may not even charge you and if they do it may be very little but you can ask. I'm afraid now is not the time to have too much pride. It can happen to the best of us (and has ;-)) Ask for help from as many people as you can. You may, as you say end up having to sell your house. if you really don't want to live here. But you will be able to sell it yourself and just pay the 5000. But I'd hang on! And that's good advice to go unemployed for a while and bunch your invoices into a different month. It's not Ideal for an honest Englishman but I've considered it myself. But I have one other idea. IF YOU are currently not working you may be able to get yourself signed up as the Autonomo and pay the lower rate for long term unemployed while your husband becomes unemployed. Again, not ideal but needs must. If you aren't already signed on with the SAE (Servicio Andalucia de Empleo- or whichever applies to your area) Do so immediately. It won't entitle you to any benefits but it won't cost anything and will allow you to do this paying the lower Autonomo thing. You may be able to get on the 'orientada' and be given jobs or paid courses that may be suitable for you too. :fingerscrossed:

Re: Embargo on house
 

Some good advice from Angie and Bri and Katee.

Get the ball rolling ASAP, the more people you can muster, and the quicker you act the better.

remember there are 'cut off dates' for applying for 'stay of execution' so to speak.

It would be a tragedy if you lost out due to bad timing.


If what you plan to do is not quite kosher, then still go for it, needs must.
As for the employment situation, if signing on the dole can give you dome breathing space, then go for it.

the groups that fight against evictions are getting some good results, but they are not always successful.

when Spanish people get evicted, some ARE ACTUALLY HOMELESS, but more often than not they can and do move in with family.

In your case, I suppose that you don't have extended family in Spain, so bring that into play when applying for assistance in the fight against eviction.

Any health issues you may have might also be 'useful'.

Good luck, get yourself in touch with all the help associations ( if you have been in the armed services the British legion should be on your list), but do it quickly.

:fingerscrossed:

Re: Embargo on house
 

Many thanks to all of you for the very helpful advice. Fortunately my oh swallowed his pride and went cap in hand to a relative and asked for help. The outcome was that this person has loaned us the money to get us out of this situation. Hopefully my oh will now see sence and keep signing off for a month or two as unemployed so we don´t get into this mess again. It is not something we want to do but when you look around all those who work cash in hand are having a great life in Spain.

Re: Embargo on house
 

That's what family values are all about and what we think is so good about the Spanish way at times like this they all pull together.

Re: Embargo on house
 

So pleased to hear this. By the way me me. there is no 'dole' for the self employed. but it is the swingeing rate of social security that causes the real problems. Yes, needs must, as they say. or as the Spanish say 'No hay mas remedio'. there's no alternative than to be Spanish about it.

Re: Embargo on house
 

You might be entitled to an "abogado de oficio" public defender if you have worked legally in Spain. You can check it out in this page http://www.justiciagratuita.es/pjg/home.do select your region.
Look for the nearest "colegio de abogados" and go there personally and they have lawyers on duty to ask for advise in these cases.
Good luck

Re: Embargo on house
 

I'm so glad that your relatives have been able to help and wish you well for the future.