recovering money in small claims

[zoe77]

Would anybody have any advice to offer in regards to recovering money that you feel is owed to you. (i.e. deposit paid to a landlord) I understand there is a small claims court system that operates in Spain, but don't know how to access one, how much the costs might be and whether a person represents themselves or must have representation.
Many thanks in advance for any advice that can be supplied.
Zoe

[MrGrumpy]

It might be easier just to get a " Cobros ", or Debt Receovery Agency on the case. Most of them offer two packages depending on the size of your claim and your chances : A 'no win : no fee' package; and a 'fixed fee' package where you pay an agreed flat rate regardless of the outcome. It might be a cheaper and easier alternative for you to think about.

[AJC]

Before you persue that route, is your arrangement with your landlord legit : IE do you have a fully legal contract with them ? Did you arrange this through an agent or direct with the landlord ? Was your deposit placed with a neutral third party such as the "Consejería de la Vivienda" ?

If the answer to all these things is ' Yes ', then you should be able to resolve this without going to court.

[zoe77]

Our contract was originally done through an estate agent for the first year (2009-2010) after that through the advice of our landlord who claimed the estate agent wanted another months rent as payment to renew another years contract we then created a contract amongst ourselves with the same terms and conditions of the original contract, this was done for 2010 for two years till now. Our landlords told us that they hold the months rent paid as deposit from 2009 when we first took on the property with the estate agents.
If our landlords hold the months rent will this make it any harder trying to have it returned as no damage has occured during our three year term.
Many thanks

[JayPoyser]

Unless you are talking about a significant amount you are probably better of just saving yourself the hassle and the cost and putting it down to experience.

[Vetxpat]

It might be easier just to get a " Cobros ", or Debt Receovery Agency on the case. Most of them offer two packages depending on the size of your claim and your chances : A 'no win : no fee' package; and a 'fixed fee' package where you pay an agreed flat rate regardless of the outcome. It might be a cheaper and easier alternative for you to think about.

Do you know what the average fees are here, Mr G ?

[MrGrumpy]

Usually the no win - no fee's charge 25% of the reclaimed sum (although I would imagine that there is a minimum sum that they will act against), and the set fee charge option usually costs around 15 - 200 Euros.
If you don't think you stand much of chance getting the money back under you own steam the no win / no fee option might be worth a punt.

[Vetxpat]

Usually the no win - no fee's charge 25% of the reclaimed sum (although I would imagine that there is a minimum sum that they will act against), and the set fee charge option usually costs around 15 - 200 Euros.
If you don't think you stand much of chance getting the money back under you own steam the no win / no fee option might be worth a punt.

I'm guessing that there is a minimum amount or charge they will act on if you choose the 'no win - no fee' option ?

[Wizbit]

Write the money off - Learn from it, and move on with your life !

[OldTimer]

Write the money off - Learn from it, and move on with your life !

It is sad but true that this might be the logical answer here (depending upon the sum involved, of course) : It could very easily work out that the amount you recover compared to the costs, time and hassle involved mean that it is simply not a worthwhile exersise. I sincerely hope that I am proved wrong though !