How to get free legal assistance at the law courts of Orihuela.

So far I have been able to get some information about how to attain free legal assistance from the school of lawyers in Orihuela.

If you have taken the step of  reporting the crime or case to the police or at the law courts, then you will have received a copy of the report (denuncia) and this will be presented to a judge who will decide if it is a criminal or a civil case. If it is a criminal case then it will be processed by the courts. If it is a civil case then it will be archived. The courts will now do nothing but there is still a case that you can take up and bring to the courts. For the case to be heard you will need to engage a lawyer to take the case forward so you can claim compensation.

One your case has been before the judge you can go to the court and after finding out if it is criminal or a civil case then you can ask for free legal assistance. It is quite common for the fraudulant activities of many of the builders, laywers and architects to be considers as not criminal but civil cases. If you are not sure you can go Directly to the school of Lawers and ask them to assess your case and they will let you know that it is civil or criminal. If it is civil then you can save yourself a few months wait and just ask the school of laywers to deal with the case without it first going before the judge.

Legal assistance is obtained at the school of Lawyers office at the Orihuela law courts. It is the first door on the right as you walk in through the doors. They request that you have a translator to assist them in communicating with you. The assistance required can not be applied for over the phone, you have to go in person.

There is a form Spanish to fill in which you will have to give your details, the details of your partner and those who live with you & the details of the persons or company which you have a case against. They will take a copy of your police report if you have one.

You will be given an appointment for an interview to ascertain in you are legible for free legal assistance in a court case. It is best to inform the assistant if you are going to be away before you are processed so that they are aware of your holidays not to give you a appointment the is difficult for you to attend.

You will be asked to bring certain documents to the appointment.

– Photocopy of your passport or residence card.

– Photocopy of your family registration book (if you have one).

– Spanish tax returns (if you don’t have them you can go to the tax office and ask for a certificate that you do not pay tax).

– Certificate of electoral role. (Pardon).

– Certificate of bank movements from the bank with its official stamp.

– Certificate of patrimony obtained from the town hall. (Even if you do not own property this is required).

– Certificate of work (Vida Laboral) obtained from the social security office. (If you are retired you do not need this).

– Photocopy of your deeds of your property, then a copy of your last rates bill, last payment of the mortgage if you have one.

– If you rent a property then a copy of your rental contract, last payment receipts.

– If you are self employed a copies of your last 3 monthly tax declaration, IVA payments, and social security payments.

– If you are employed then a copy of the last 3 pay slips.

– If you are a pensioner in Spain a copy of certificate from the INSS (Instituto Nacional de Seguridad Social).

Once you have these documents and you present them to the school of lawyers then you will be assessed and assisted in the court case. They will appoint a lawyer for you and give you his details so you can make a apointment. When you call the Lawyer he or she will not know that you are receiving legal assistance so it is best that you let hem know that you have been sent by the school of lawyers.

If your individual  income and savings amount to more than 14,950€ then you may not be able to get free assistance.

For translation service at a reasonable rate call:- 617354758.

About Patrick Vine

I am a Englishman living and working in Spain as a property consultant dealing with the technical and legal aspects faceing the expat communities living in the south Alicante & north Murcia areas. I am married to a wonderfull Spanish girl called Inés and have 3 children. Jessica, Rubén & Joshua.
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8 Responses to How to get free legal assistance at the law courts of Orihuela.

  1. keri williams says:

    what will happen if i don’t turn up at court for a domestic violence case that i do not want to ake any further

    • Patrick Vine says:

      It realy depends on your particular case. I think if the offending party has caused injury to your person then he would be charged under criminal law. If you want to drop charges then you must go to the courts and inform them there.

    • Patrick Vine says:

      Dear Keri,
      I understand from a Spanish lawyer that you can drop charges, but if you were the victim of physical violence then the judge will decide to continue proceedings becuse a criminal offence has been commited. The proof will be hospital reports, police declaration & the declaration of the person wha has commited the crime. They will be charged according to the penal code and sentaced accordingly.

  2. Rob MacGowan says:

    Patrick, I am not a resident but own a flat in San Bartolome, Orihuela, Alicante. For about a year I have had an ongoing financial dispute with our Community Administrator and have not paid any fees during this time. The Administrator terminated contact despite me making various offers of payment. I have now discovered that the Administrator has instigated a case against me to recoup the ‘debt’ at Orihuela court. I was never notified of any details despite asking to be informed in such a situation. The Administrator has sent me a recent email containing completely erroneous info, saying the situation is out of her hands. Any ideas apart from paying a solicitor to beg on my behalf?
    Rob MacGowan

    • Patrick Vine says:

      I think the best thing to do is to go the the courts in Orihuela and first in Decanato is to enquire if there is a case against you. Then you will need to go to the school of solicitors office in the same building and ask for the conditions of receiving legal aid. THey will want the last years bank balance with a stamp from the bank, a certificate from the land registry indicating the properties you own, original and copy of your deeds, passport, N.I.E. number. there might be some other documents required as you are a non resident. You may need a translator especialy for the court. Give me a ring & I can acompany you if you do not speak Spanish.

      • Rob MacGowan says:

        I don’t speak Spanish well enough Patrick so your company would be needed and appreciated. Have you a mobile number?
        What is “Decanato”?
        I’ve been told that I can write to the court office first and have two addresses:
        Servicio Comun de Notificaciones y Embargos, Calle de Lopez Pozas, 0, 03300 Orihuela. and also at Plaza Santa Lucia.
        Sale at Public Auction is the ultimate action, do you know whether they place a reserve/minimal price on the properties for sale?

      • Patrick Vine says:

        My mobile is 617354758

      • Rob MacGowan says:

        How much would you charge to accompany me to the Orihuela court offices at the end of May?

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