What happens if I go to trial without a lawyer?

Article by: Ing. Nerea Mora Tercero | Last update: April 2, 2022
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If you go to trial without a lawyer, and even if it is not mandatory in some cases, you will be running the risk of not having a professional defense, or of “screwing up” yourself.

When can I go to trial without a lawyer?

With the reform of the LEC (7.10.2015), the intervention of the lawyer is not mandatory when the verbal judgment is due to the amount and this does not exceed 2,000 euros. When the verbal judgment is due to the matter, even if it is less than 2,000 euros, his intervention is mandatory.

What can I do if I don’t have a lawyer for a trial?

Public defender: when you need a lawyer and you have nothing to pay for it. The Public Defender’s Office and Legal Clinics are professional alternatives to access free legal representation when we cannot afford a lawyer.

What happens if I appear without a lawyer for a trial?

If you are accused of a crime and do not have a lawyer, you have the right to have a defender who will be provided by the State through the Public Criminal Defense Office. If you have sufficient resources, and wish to be served by the Ombudsman, you must cancel for this service.

How do I have to make a legal claim without a lawyer?

If you claim for an amount equal to or less than 2,000 euros, you can file a lawsuit on your own behalf, without the need to be assisted by a lawyer or a solicitor. It is recommended that you duly substantiate the claim by attaching the documentation on which you base your request.

40 related questions found

Who can intervene in a trial?

– Only those who have an interest in the judicial authority declaring or constituting a right or imposing a sentence can initiate or intervene in a judicial proceeding, and those who have the opposite interest. They will act, in the trial, the same interested parties or their representatives or proxies, in the terms of the law.

When is not mandatory lawyer and solicitor?

With this, only the cases in which less than 2,000 euros are claimed as an amount, the intervention of a lawyer and solicitor will not be mandatory.

What happens if the defendant does not have to pay?

Garnishments are court orders that can only be authorized by a Judge. Once they have sued you and you do not have how to pay the debt, in the absence of payment, they can seize your assets. For this to happen, there must necessarily be a commercial trial. Otherwise, nothing can be seized.

What happens if I don’t pay a promissory note and I don’t have assets?

If you have a secured debt, you’ve signed an agreement that says your lender can take your property if you refuse to pay under the terms of the note.

What can be done to force a person to pay?

An effective and fast way that you can apply to avoid these cases is, without a doubt, to make a promissory note. For this reason, we recommend that whenever you are asked to borrow money, you put the signing of this document as a condition and thus you will have a backup that will help you to demand the corresponding payment.

What if I can’t pay a debt and I have no assets?

The bankruptcy mediator will judicially request the bankruptcy proceedings. In this way, the debt is “forgiven” that you cannot pay. Thus, part or all of the debt may be forgiven. If you cannot pay because you do not have assets here, the judge may exonerate 100% of the debt.

When is the intervention of a solicitor necessary?

The general rule continues to be the obligatory intervention of the Attorney in civil trials, except for a few exceptions contemplated by the Law, in which it is not mandatory to attend the procedure with the intervention of said professional.

Who intervenes in a trial?

Litigant: Natural or legal person who defends a case before a Judge or Court on their behalf or on behalf of a third party.

Who runs a trial?

The judge is the one who directs the act, gives and takes the word and maintains order in the room. The formerly called Judicial Secretary used to be present to record everything that happened in the trial, but now the criminal hearings are recorded on video, with the camera located just behind the judge.

Who are the parties involved in the trial?

Members of a Trial

    THE JUDGE. It is a State body made up of one or more persons whose function is to conduct the trial and resolve the dispute, by applying the law to the specific case. … THE LAWYERS. … THE AGENT OF THE PUBLIC PROSECUTOR’S OFFICE. … THE WITNESSES. … THE EXPERTS. … THE THIRD PARTIES.

What is the name of the accusing party in a lawsuit?

In both civil and criminal courts, the person accused of committing a crime is called the “defendant.”

What is the function of a solicitor?

The main mission of a solicitor within the judicial process is the procedural representation of the litigants before the Courts and Tribunals. We publish edicts and official announcements in the Official Gazettes, newspapers, etc. We take care of the presentation of all the writings that the lawyers prepare.

What happens if there are no assets to seize?

But what if the defendant has no assets in his name? In this type of case, the law establishes that, since there are no assets in the legal possession of the accused, the seizure could not proceed. And this is based on a legal precept that says: “no one is forced to do the impossible.”

How to get out of my debts if I have no money?

Request a portfolio purchase: in this case, a financial entity of which you are not a client can pay the debt with another that you do have obligations. In this way you will have to settle a single account with that institution that made the purchase. The idea is that the fee is more comfortable.

What can a finance company do to you if you don’t pay?

From the first installment that you stop paying, the bank will begin to apply default interest, these are usually higher than the interest rate that your credit has and are added to the initial debt, therefore, it grows.

How to sue a person for not paying?

You can bring a lawsuit against the party that owes you a debt. In your claim, you should be as specific as possible about the debt you believe you are owed, and request that the debt be paid by a certain date.

How much is the minimum amount that can be claimed in court?

Debt of up to 6,000 euros: in this case, it will be necessary to go to oral proceedings, a simpler and faster procedure. Debt of more than 6,000 euros: in this case it will be necessary to go to the ordinary court, a more complex procedure.

What is a lawsuit for debt?

This lawsuit for debt requires the defendant to pay the amount owed plus default interest or, failing that, assume a new payment agreement with defined terms and conditions.

What can happen to me if I do not pay the loans?

If you do not repay a loan, non-payment commissions and default interest will apply and you could end up in court and see your data included in a delinquent file.

What can be seized if you do not pay a personal loan?

In other words, the debtor will have the right, at least, to enjoy that part of his salary. The second tranche (from 655.20 to 1,310.40 euros) is 30% seizable. Of the third tranche, 50% can be seized; of the fourth, 60%; from the fifth, 75% and from the sixth onwards, 90%.

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