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Caso de éxito de Nulidad de actuaciones por emplazamiento defectuoso y ocultación de datos

Nullity of proceedings due to defective service and concealment of data

 FA Lawyers

A court of first instance recently upheld our claim in ordinary proceedings concerning contractual matters. The claimant initiated proceedings by means of public notices, resulting in our client being formally declared in default.

Recourse to the edictal procedure led to absolute helplessness. Procedural regulations and constitutional jurisprudence require the exhaustion of all personal means of communication before using publication in bulletins or on notice boards.

Defensive strategy: Proving negligence and concealment

Our legal action involved initiating a motion to declare the proceedings null and void. We based our claim on the infringement of Article 225 of the Civil Procedure Law and the violation of the right to effective judicial protection without indefence. We provided documentary evidence demonstrating that the claimant was aware of effective means of locating us and chose to conceal them.

At FA Abogados, we specialise in property law and would be delighted to assist you with cases such as the one described, either from the outset by drafting a lease with option to purchase agreement with all the necessary guarantees, or in resolving a dispute once a problem has arisen.

We presented two serious omissions by the plaintiff before the court:

  • The existence of a prior and recent dispute between the same parties in another court in the same locality.

  • The presence of a representative in Spain, appointed by our client from the moment the disputed contract was entered into.

The claimant failed to fulfil their procedural burden of providing whatever information they possessed to enable effective service of process.

Feedback and restoration of the right to defence

The court upheld our legal argument. The order issued declares the partial nullity of the rulings, deeming the published summons ineffective and overturning the default judgment.

The proceedings are to be rolled back to the procedural moment immediately preceding the declaration of default. The court orders a new and correct service of notice to be carried out through our legal representation, restoring our client's full capacity to answer the claim, submit evidence, and exercise a material defence on equal terms.