Litigation

Our Solicitors have been litigating at Murcia and Orihuela Courts for more than three decades,and we can help you with whatever issues you might have.

Below we have shortlisted and briefly explained the more common situations.


MINOR OFFENCES
Sometimes your stay in Spain might be truncated by an altercation or driving under the influence of an intoxicant or drug. The procedure for these kinds of offenses are quick and efficient, if it is a small matter.

 

There will be a hearing and we will advise if an agreement with the Public Prosecutor is advisable or we recommend fighting for a better result. A sentence will be provided on the same day of your hearing and the results vary significantly depending if it is your first offense or its seriousness.

 

Our Solicitors in Murcia and Orihuela Costa areas can advise and help you, don’t hesitate to contact us.


FLOOR CLAUSES, MORTGAGE EXPENSES AND OTHER ISSUES WITH YOUR BANK
Banks in Spain have become the number one cause of litigation all around the nation. From the floor clauses on your interest rate that impede you to enjoy the lowest Euribor rates in decades, illegal multi-currency mortgages, excessive penalty interests, to the unjust imposition of mortgage expenses on the consumer.


The list of abusive clauses the banks have been using is somewhat long and refunds can be claimed back. The whole litigation process might require one or two years, depending on the area and Court, but the delay will be worth it to enforce your rights and reclaim any amounts unlawfully paid.


Contact us for any questions and a no obligation quotation; you may be interested that we can provide a “No Win No Fee” arrangement.


PLUSVALIA CLAIM
Plusvalia is a tax paid to a Town Hall when selling a property. It is based on the cadastral value of the land, its increase over the years and the number of years since the property was purchased. Murcia and Orihuela Costa Town Halls including Torrevieja, Orihuela, Torre-Pacheco, San Javier or Cartagena, among others, have been demanding payment even when the loss in value is obvious. Thus, consumers are entitled to claim a refund, backed by various rulings, including several Supreme Court rulings.


This procedure might take a while because most Town Halls are not refunding anything
without litigation. However, we offer affordable quotes to make it worthwhile, don’t hesitate
to contact us for further information.


OFF-PLAN DEPOSIT RECOVERY
For those customers who lost large amounts of money with payments towards the building of their dreamt dream home in the sun, we can help them Most of the companies that accepted their payments have dissolved or went bankrupt.

 

However, the Supreme Court opened the possibility of claiming it from the banks themselves .that originally received the money but didn’t make sure there were guarantees for these sums. Contact us with whatever queries you might have and to initially study your case, without any cost for you.

RENTAL CONTRACTS ADVICE, TENANT EVICTION AND RENTAL RECOVERY
First and foremost, we recommend obtaining proper legal advice before signing a rental agreement. If both parties recognize their rights and duties the possibilities of having issues with your rental property decrease significantly, whether is long term or holiday let.


Sadly, sometimes a troublesome tenant, or owner, becomes a problem, stops paying rent or causes many issues. In these circumstances there is a special eviction process which is faster than other legal procedures. For instance, depending on the Court and area, it might run from 4 months to one year and we can evict the debtor and claim the money owed back, at the same time.

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José Hernández-Mora Fernández

+34 699 202 140    |    info@hernandezmora.com

Colegio de Abogados de Murcia nº 6.151

Calle Lepanto, 3, Entlo, Derecha, 30.008, Murcia

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