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Can you take court action against someone who lives in spain? She is British.


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My late faither in law died owing us several thousands of pounds - He had cancer, we paid for some of his surgeries and sent him and his wife money to live on as they were broke. They had been trying to sell their villa over there to pay off the massive debts they had incurred, they owed every body money. To cut a long story short my mother in law finally sold the villa. We assumed we would be paid the money we lent them. The problem now is that she is denying the debt. We have bank statements to prove we paid them the money. She is saying it was gifts. We employed a solicitor in this country to act for us, but he has been less than helpfull. She does not attend her solicitors appointments and is completely ignoring the situation. Can we take court action against her in this country or does it have to be done in spain? Any advice would be greatly received.

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You cannot take any legal/court action against her. The money was gifted and if she refuses to pay, there is nothing you can do about it. You can only take court action, if there is some form of legal contract, which in this case there is none.


If you want the money repaid, perhaps you will need to look into non legal routes, but obviously I am not suggesting anything criminal. There may be debt collectors near to where she lives, who may be prepared for a fee to visit her to discuss the matter. The presssure of such visits may persuade her to pay you the money back. ( I don't actually approve of this type of action, but it is not my money involved).

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