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Court Fees

Posted: Sat Nov 4, 2023 5:06pm
22 replies8 members subscribed
JillPe

JillPe

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Good afternoon.

On Thursday night we heard someone on our roof, followed by seeing him on the terrace (Los Balcones, Torrevieja). He tried to escape over a wall, but was unsuccessful. While I called for the police, he scrambled back onto the roof and across to next door (semi detached, shared roof), and down into their garden, where we believe he had got in. The Guardia Civil were very quick in arriving, spotted him in next door’s garden and handcuffed him. My husband filled in the paperwork and was called into the office Friday morning to provide details of the damage he had caused to our solar water heater and roof tiles and to sign off his statement. We then had to go to the Court building in Torrevieja this morning. However, the intruder - a 23 year old lad called ‘Rachid’ has pleaded ‘not guilty’, so it has to go to a Court Hearing later in the month. We wonder whether he will get away with it, as there were no other witnesses that saw him on our roof or in our garden - just the Guardia Civil who only saw him when he was in next door’s garden.

The material damage is minimal, but we would like to see justice done. What my question is, is: if the case is dismissed because they can’t actually prove that it was him on our property, would we be then be liable for any fees in regard to the case?

Please can I ask that you only reply if you actually know, not for what happen in the Uk, or what would appear to be course for action. Thank you for reading, and for any advice on this matter. 

RayBenidorm

Posted: Sun Nov 5, 2023 12:36am

RayBenidorm

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Posted: Sun Nov 5, 2023 12:36am

I dont think there are many british lawyers who go to or retire in torrevieja who would know spanish law or how the court system works.. I also do not think there are many spanish lawyers who  come on a website for british people..

If you want an answer; telephone the police, courts or a lawyer...

TheRower

Posted: Sun Nov 5, 2023 8:55am

TheRower

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Posted: Sun Nov 5, 2023 8:55am

As it the state bringing the charges against your intruder, I can’t see how you would be liable to pay charges.

As suggested though, may be best to double check with the police.

JillPe

Posted: Sun Nov 5, 2023 8:56am

JillPe

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Posted: Sun Nov 5, 2023 8:56am

RayBenidorm wrote on Sun Nov 5, 2023 12:36am:

I dont think there are many british lawyers who go to or retire in torrevieja who would know spanish law or how the court system works.. I also do not think there are many spanish lawyers who  come on a website for british people..

If you want an answer; telephone the police, courts or a lawyer...
...

...

Maybe not, Ray .. but there may be people who have had a similar experience.

I have also found there to be some very knowledgeable and helpful contributors on this forum. 

My experience with Spanish authorities, in general, is that they only answer the question they are asked - and if you don’t know what questions to ask, you don’t always get the best result. Someone who has experienced this kind of thing might, therefore, be able to add a little extra advice that we might not necessarily get from just asking the police. Is that such a stupid idea, Ray? 

cp

Posted: Sun Nov 5, 2023 9:03am

cp

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Posted: Sun Nov 5, 2023 9:03am

I would ask the same question on the Facebook group Citizens Advice Bureau Spain.               

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tebo53

Posted: Sun Nov 5, 2023 9:53am

tebo53

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Posted: Sun Nov 5, 2023 9:53am

I don't think that you will be made to pay any fees as its the police taking him to court. If it was a private summons from you then you would be liable for all costs if you lost the case plus any awards made.

I hope he gets the book thrown at him but I doubt he will be able to pay any fines involved either. 

Steve 

Richard080943

Posted: Sun Nov 5, 2023 11:59am

Richard080943

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Posted: Sun Nov 5, 2023 11:59am

The quick answer is no.    Hope he gets his just deserts.

norrimac

Posted: Sun Nov 5, 2023 12:00pm

norrimac

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Posted: Sun Nov 5, 2023 12:00pm

I've been in Spain 35 years. Worked in the licensed trade, so there were quite a few occasions when I had dealings with the Police.

(Night time, drunks, etc.)

I made complaints several times. ('Denuncias'). Some went to court, some not.

Never charged any kind of fees. Don't worry about it.

He might get off but he'll now have a criminal record.

Norm.

JillPe

Posted: Sun Nov 5, 2023 12:32pm

JillPe

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Posted: Sun Nov 5, 2023 12:32pm

cp wrote on Sun Nov 5, 2023 9:03am:

I would ask the same question on the Facebook group Citizens Advice Bureau Spain.               

That’s a good idea - thank you 

JillPe

Posted: Sun Nov 5, 2023 12:34pm

JillPe

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Posted: Sun Nov 5, 2023 12:34pm

tebo53 wrote on Sun Nov 5, 2023 9:53am:

I don't think that you will be made to pay any fees as its the police taking him to court. If it was a private summons from you then you would be liable for all costs if you lost the case plus any awards made.

I hope he gets the book thrown at him but I doubt he will be able to pay any fines involved either. ...

...

Steve 

I think you’re right - he’s of ‘no fixed abode’, but it would help the insurance claim, and give him a criminal record, if he doesn’t already have one .. so that might help someone else in my position in the future. Thsnkbyou

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