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

Re: Urgent legal question
 

is that even possible prison for civil debt???

Re: Urgent legal question
 

The question is who made the threat ?

Re: Urgent legal question
 

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

Re: Urgent legal question
 

From what I understand you cannot use the deposit to pay for rent. Therein lies the problem.

Re: Urgent legal question
 

I think the law is 1 or 2 months security deposit also.

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...

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) ...........................

Re: Urgent legal question
 

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

Re: Urgent legal question
 

Really?

Re: Urgent legal question
 

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.

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.

Re: Urgent legal question
 

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.

Re: Urgent legal question
 

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!

Re: Urgent legal question
 

Indeed they are !

Re: Urgent legal question
 

Given your attitude and light that she has taken flight I find this suspicious. Again, the landlord cannot legally take the security deposit as rental payment, unless pursued through legal means and judicial ruling. Any outstanding fees can also be levied against your daughter for failing her summons and wasting court time. With this said, In the end the security deposit will not cover the net cost of legal charge back fees, and the judge will rule in favour of the landlord. Is your daughter married? Anyone linked to her can and will be legally pursued, please ask her to get legal representation or pay the rent to avoid unnecessary additional cost and for her (and anyone linked to her ie. spouse, minor, Empadron, NIE, DNI, cohabitor) to be black listed on the bad renters list. Otherwise good luck to the Spanish prosecutors 👍🏼 It sounds very much like this is the course of action they’re taking. Really not worth the hassle at all! Surely if the security deposit is owed back without issue then crowd funding the rebt owed and just wire it back to all parties? I speak from experience also as I recently forced out of residence and had to pay an eye watering upfront fee to rent as I was British and they’re known for “jumping rental responsibilities”. Very little sympathy here.

Re: Urgent legal question
 

cheers mate, delighted you got shafted ;-)

Re: Urgent legal question
 

I find many people on here, kind, open minded and considerate, however there’s a small group, possibly 20% that are, angry, embittered and judgmental, a little bit like the UK population, most decent caring folk, with a sprinkling of racist, small minded, ill educated gammons, IMHO 👍

Re: Urgent legal question
 

And you know what's said about opinions....