1. In order for our legal team to study your case in depth we need you to upload or send us your documents. Timeshare contracts, copy of payments, maintenance invoices, etc…
2. We require a Power of Attorney document, signed by you, to allow our lawyers and barrister to present your claim and represent you in court.
3. Once we have all the documents, our legal department will study them to see if your contract is null and void for any of the reasons stated in the law 42/98 and whether you are entitled to claim back double for any part of your payment.
4. The documents are translated and the claim is prepared by our lawyers. It is then given to the barrister who presents the claim to the court. At this time we receive a certificate from the court, confirming it´s presentation.
5. Once the court has registered the claim, it is assigned to a specific judge. The judge studies the claim to make sure that it has been presented in the correct and legal manner. Once this is done we will receive an acceptance of the claim from the court. In this document, they will confirm the amount of the claim and which judge has been assigned to the case. At this point the opposing party will be notified of the claim presented against them and they have 20 working days in which to respond.
6. The next step is to receive a date for the pre-trial hearing. This hearing is only for the judge and the lawyers. The purpose of this hearing is for the judge to decide what evidence and/or witness´ he or she will allow and for the two parties to try and reach an agreement. The judge will then either set a trial date, or they may feel they have sufficient evidence to go straight to making their ruling. We are seeing more and more, that cases are going straight to ruling.
7. If the judge orders a rial then the claim will be discussed and if required any witnesses are heard. Clients only have to attend the trial if the judge specifically requests it.
8. The judge rules on the claim and this it is sent via the barristers, to both parties
9. If the ruling is a positive one, we wait to see if the opposing party lodges an appeal, we then present the provisional execution of funds. If the ruling is a negative one, we immediately present an appeal to the high court.
10. A high court appeal is deliberated and considered by various judges and then voted on, a trial does not take place at the high court.
11. High court ruling.
12. If the ruling is a positive one, we wait to see if the opposing party lodges an appeal, we then present the final execution of funds. If the ruling is a negative one, we immediately present an appeal to the Supreme court.
13. A Supreme court appeal again is deliberated and considered by vious judges and then voted on, there is no trial.
14. Supreme Court ruling.
If you have any questions, or have already initiated a legal proceeding and need advice, contact us now.
Download our anti-scam timeshare reclaim guide here , with examples of: Legal report for your contracts, Spanish lawyer´s license, General power for attorney, Certificate of admission to processing of the claim an more.. It is important to avoid unnecessary risks.