Why can’t they collect Community debt?

Q.  I read with interest read your answer to KS on the Costa del Sol regarding the “Proceso Monitorio” to collect Community debts. In our Community we have two owners who have not paid at all for six years. They are not Spanish and one of them is not from an EU country. In my own country (Denmark) this situation would not have lasted long. The property itself would have been embargoed.

Now I have asked our administrator several times about what can be done and have had different answers, which I honestly do not quite understand.

So far as I remember, there is nothing in your book, which I bought five years ago. Can you direct me to a book in English where the issue has been treated?  And where can I buy your book in Torrevieja?

T.S. (Costa Blanca)

A. I am glad you asked.  The “Proceso Monitorio” is relatively new, so you need an up-to-date edition of You and the Law in Spain.  If you wait until September 1, you can obtain the new 2015 edition, with a full treatment of “Proceso Monitorio”. Perhaps your best option is to order the book from the Santanabooks.com web site.  You will receive it at home.

I agree with you that Spanish law for debt collection leaves a lot to be desired. It is far too slow in the backlogged courts. Nevertheless, Communities of Property Owners all over Spain have successfully taken debtors to court, either by the “Proceso Monitorio” or a regular lawsuit.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.