Measures for Speeding Up the Judicial Processes
On 31st October 2011, the Law 37/2011, 10th October, of Measures for the Speeding up the Judicial Processes (published in BOE nº 245 11/10/2011) came into effect including important changes in different jurisdictions.
In relation to the Owners Communities and the Horizontal Property, we consider important to comment the following changesº:
•The eviction trial, due to non payments, will adopt the system of the “juicio monitorio”. After the admission of the lawsuit, the defendant will be required, in 10 days, to evict, to pay or to challenge.
In the case that the defendant does not accomplish the request, the plaintiff will be able to request the eviction order in date that appears in the request.
•In oral trials, when the amount does not exceed 3000 Euros, the appeal is excluded.
•It is excluded the preparation for the appeal, so the appeal will be taken under the Court in 20 days from the day after the notification of the challenged resolution.
•In relation to the “procedimiento monitorio”, now it is excluded a maximum limit for the claimed amount. Therefore, any amount could be claimed.