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Spanish court proceedings - Bond requested of me

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  • 15-05-2007 6:57pm
    #1
    DaDa
    Registered Users Posts: 362 ✭✭


    I am unable to access to Legal Forums so I am starting here. Apologies if incorrect and perhaps someone might advise the correct place?

    In 2004 I bought an apartment off plans from a Spanish builder.
    I did all the checks and had all experts study the deal.
    Everything checked out.

    I made all staged payments and was about to complete contracts when the mayor of Marbella, the deputy mayor, town planner and other high ranking officials were jailed on corruption charges. The builder was also arrested.

    Our apartment complex was shut down and taped up.

    I hired a Madrid litigation lawyer and we got the ball rolling on 2 things:

    1. Secure an embargo (injunction) on the builders' assets
    2. Begin full trial proceedings to get my money back

    Last week we had the first hearing and the judge granted me the embargo on the builders' assets. But the sting in the tail was that it was on the condition that I put up a bond with the court of a very large sum of money (approx 25% of what I am trying to get back from the builder!).

    My solicitor informs me that I get a receipt in lieu of the bond I put up and that at any time I can request it back by presenting the receipt. Obviously the embargo (injunction) would be then lifted off the builders' assets.

    My question is this... Does anyone have any experience of putting up bonds in Spanish courts and retrieving them? Were there any hidden pitfalls, delays, fees or conditions associated with it?


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    #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    I can move this to legal for you if you like- but if you have been banned from legal for any reason, you might like to talk to one of the mods there first.

    I am not sure that you will find assistance in this forum, perhaps I am wrong.

    S.


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    #3
    DaDa
    Registered Users Posts: 362 ✭✭DaDa


    Thanks. Yes moving it to Legal would probably be helpful.
    Can you advise how I get access to that forum also?


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    #4
    jhegarty
    Registered Users Posts: 6,434 ✭✭✭jhegarty


    smccarrick wrote:
    I can move this to legal for you if you like- but if you have been banned from legal for any reason, you might like to talk to one of the mods there first.

    I am not sure that you will find assistance in this forum, perhaps I am wrong.

    S.


    Its an instant ban in legal for asking for legal advise... so that wouldn't work out too well for him...


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    #5
    DaDa
    Registered Users Posts: 362 ✭✭DaDa


    Don't want that. I wonder if a moderator could QA my question first? I'm not looking for legal advice per se... more so looking for anyone with any experiences paying and retrieving bonds paid to a Spanish court.


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    #6
    jhegarty
    Registered Users Posts: 6,434 ✭✭✭jhegarty


    DaDa wrote:
    Don't want that. I wonder if a moderator could QA my question first? I'm not looking for legal advice per se... more so looking for anyone with any experiences paying and retrieving bonds paid to a Spanish court.


    Rephrase it like .... Mr A has a house in Spain (its not me and I don't want legal advise)... Mr A went to court...etc..etc..etc..etc...


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    #7
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    DaDa please contact one of the Legal Mods re:access to the Legal Discussion forum before I move this thread. They are hullaballú, besty, seamus and gandalf (who is a cmod). Please take time to read their forum rules before posting.

    Are you sure you do not have access to the legal forum?

    S.


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    #8
    DaDa
    Registered Users Posts: 362 ✭✭DaDa


    Ah... I was only clicking on the Public Gallery and The Courtroom... didn't cop that the parent node to those was a forum in itself.. duh!

    Thanks for the advice.. I'll check with those Mods.


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