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-   -   Urgent legal question (https://britishexpats.com/forum/spain-75/urgent-legal-question-939621/)

IminSpain Jul 19th 2021 1:22 pm

Urgent legal question
 
Daughter has been threatened with prison for civil debt in Spain, in addition 3rd party apparently signed a registered delivery letter on her behalf she has only just discovered. This is in Catalonia, any advice or insight appreciated

IminSpain Jul 19th 2021 1:38 pm

Re: Urgent legal question
 

Originally Posted by IminSpain (Post 13030860)
Daughter has been threatened with prison for civil debt in Spain, in addition 3rd party apparently signed a registered delivery letter on her behalf she has only just discovered. This is in Catalonia, any advice or insight appreciated

is that even possible prison for civil debt???

VFR Jul 19th 2021 7:05 pm

Re: Urgent legal question
 
The question is who made the threat ?

IminSpain Jul 19th 2021 7:15 pm

Re: Urgent legal question
 

Originally Posted by IminSpain (Post 13030866)
is that even possible prison for civil debt???

good point, I think it was a property owner, 3 months notice was given to vacate a rental property and the 3 months deposit was relinquished as payment for rent, all turned very acrimonious, the individual has a solid paper trail, gas leaks, cockroaches, no action, however the agency/ landlord is being very aggressive

growinspain Jul 19th 2021 7:32 pm

Re: Urgent legal question
 
From what I understand you cannot use the deposit to pay for rent. Therein lies the problem.

growinspain Jul 19th 2021 7:33 pm

Re: Urgent legal question
 
I think the law is 1 or 2 months security deposit also.

growinspain Jul 19th 2021 7:35 pm

Re: Urgent legal question
 
Just playing devils advocate here but who is to say that the renter did not cause the gas leak or bring the roaches...

VFR Jul 19th 2021 8:54 pm

Re: Urgent legal question
 
Just ignore the idiot in that case as it will never reach the court let alone result in a prison sentence.
Guess you have heard about the tale of rocking horse poo ?

Hang on Daughter ? = female
Being harassed by (fill in here) ...........................

IminSpain Jul 19th 2021 8:58 pm

Re: Urgent legal question
 

Originally Posted by growinspain (Post 13030995)
From what I understand you cannot use the deposit to pay for rent. Therein lies the problem.

she gave 3 months notice vacated immediately and the deposit was used to repay the notice period


IminSpain Jul 19th 2021 8:59 pm

Re: Urgent legal question
 

Originally Posted by growinspain (Post 13030997)
Just playing devils advocate here but who is to say that the renter did not cause the gas leak or bring the roaches...

Really?

growinspain Jul 19th 2021 9:03 pm

Re: Urgent legal question
 

Originally Posted by IminSpain (Post 13031020)
Really?

If it ever did go to court it is his word against hers.

It does not work that way with the deposit. Sorry. She actually left and did not pay rent for 3 months. I think that is how the law will see it.

growinspain Jul 19th 2021 9:16 pm

Re: Urgent legal question
 
I might have been a little fast on saying that the deposit cannot pay for the rent. It is explained a little here but these lawyers say it is advisable to not do it.

breakfasttea Jul 20th 2021 9:40 am

Re: Urgent legal question
 

Originally Posted by growinspain (Post 13030995)
From what I understand you cannot use the deposit to pay for rent. Therein lies the problem.

This is the issue, you cannot use this deposit as payment. This is only used for property damages not failed rent. You have a legal obligation to pay that. So the issue remains you have unpaid rental arrears.

Edit: confirmation from a legal solicitor at estate group Keller Williams.

IminSpain Jul 20th 2021 5:50 pm

Re: Urgent legal question
 

Originally Posted by breakfasttea (Post 13031167)
This is the issue, you cannot use this deposit as payment. This is only used for property damages not failed rent. You have a legal obligation to pay that. So the issue remains you have unpaid rental arrears.

Edit: confirmation from a legal solicitor at estate group Keller Williams.

well they’ll have to find her, I assume like UK there is a time limit on these actions, she’s just been posted to USA so good lick
with that! The fact that the deposit equals the rent outstanding and there was zero damage issues, she has photos of the day she left with a newspaper of that date! In each shot I suspect they are trying it on!

VFR Jul 20th 2021 9:10 pm

Re: Urgent legal question
 
Indeed they are !


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