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Debtors | ADMIBURGOS

The economical crisis that took place between 1992-1996 and the present one which actually started in 2007 and continues to date, have made us look for creative solutions for the general problem with debtors.

  • Debtors living in Spain: they are judicially claimed and previously notified. Once the favourable statement is obtained (98% with our Legal Department)and they do not pay, a judgement of enforcement is requested, the property seizure or even the auction of the property.
  • Debtors living abroad: Sometimes, depending on the case, the same procedure followed with the residents of Spain is applied, but most of the time they are forwarded to other lawyers abroad. They are taken through the courts in the UK & Ireland with a European Order of Payment ( EOP) being granted. We have also contracted debt collection agencies, who are proving to be very effective, especially in the UK & Ireland.
  • Communal services deprived for debtors: There are some rulings from Spanish courts supporting this measure. Notwithstanding, as this system is still not reflected in any law, we recommend not to carry it out, although we do recommend to hinder debtors, requesting they contact our offices. This gives us the opportunity to discuss the issue of none payment of community fees with them directly, checking their bank account details and full contact details. There are some systems in place, such as electronic access to pools, ID cards, wristbands, etc. whereby debtors are required to go to the offices to speak to us directly. In some instances the debtor will say that he will pay when he returns home and that is why we have installed other payments methods, payments can be made at our offices by credit card. Therefore the Community doesn't have to wait until the debtor returns home. In the appendix, you can see pictures of control systems for access to pools, tennis courts, etc.

Basically, the ADMIBURGOS policy with regards to debtors is summed up in the following sentence: no tolerance for debtors.

Nevertheless, there are three types of debtors:

  • The ones in financial difficulties: normally, this debtor will contact us to inform us that they have some difficulties paying their fees; ADMBURGOS are always willing to enter into written payment plans to help the owner clear the debt within a reasonable period of time, 6- 9 months maximum. If we can avoid the need of Legal action by entering into these agreements, we think it is the best solution. If the customer does not adhere to it, we automatically commence court action.
  • The cheeky one: Apologies for such a colloquial term, but it is the exact definition of this type of debtor. This is the one who rents the property or premises, using intensively the Community services, and on top of it, he does not pay the Community fees.
    These types of debtors are not worth being offered any facilities apart from the Burofax, giving him a short deadline for the debt clearance, and if it is not done, it is directly forwarded to our lawyers.
  • The one about to lose his property: Unfortunately, this is a common case, and it is the most difficult, because in many cases they have mortgage arrears as well as other debts, but they cannot afford to pay them. If they do not pay the mortgage, they will hardly continue paying the Community fees. However, we must advise that the debts corresponding to the present year and the previous one is preferential even to the mortgage, and the rest of the existing years could be claimed to the previous owner by a court case.

Ultimately, our aim is to identify the debtor and put boundaries to him, to ensure payment are received. There are some administrators who advertise "no debtors". That is simply difficult to reach; it is a dream that comes true in very few Communities. What we can really promise in ADMIBURGOS is that we will put all our efforts along with those of our lawyer's in both Spain and abroad, to make everyone pay their Community fees.

ADMIBURGOS Copyright 2011 | 968 03 10 31 | Legal Notice | info@admiburgos.com
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