- May 17, 2009 at 9:42 am #54995
After a four year Court battle against the developers of Los Lagos (Elviria) I have recently been awarded the return of my deposit, legal interest and costs. This latest case was in Malaga on appeal by Los Lagos after we had won the first case two years ago at Marbella!
The problem now is that the developer refuses to pay the money owed to us, claiming they have no money!!
Have any other members at Los Lagos, been awarded monies by the courts and have actually been paid out by the developer? Our solicitors seem to be struggling to enforce the courts decision, and I find this very difficult to understand. Can the court enforce the payment or are we again subject to a system which seems to favour the Spanish developer??
If any members also have any advice on how we proceed in this matter I would greatly appreciate any help given.
Although we are feeling positive in this case, we always knew that untill the money was back with our solicitor we could not start to celebrate!!
- May 17, 2009 at 2:40 pm #92191
“Our solicitors seem to be struggling to enforce the courts”
Why, firstly in his opinion & secondly in your ???
- May 17, 2009 at 3:00 pm #92192
Well, I send my congratulations to you and your lawyer Jonah. 😀
How very easy for the developer, Eralia?, to say they have no money. The directors of the company do have assets. They also have other developments. Think about an embargo or declaring them bankrupt. They have personal assets by way of property, (although probably in their spouses name).
I am guessing you sued the developer and did not have a Bank Guarantee. Has your lawyer gone back to the Court to inform them of the developers stance?
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