04/03/2015
In today's article, we would like to inform our readers that as of last weekend, the Royal Decree Law (RDL) 1/2015, of February 27, of second chance mechanism, reduction of the financial burden and other measures of social order, has been approved.
In this RDL, the Law 10/2012, known as the Court Fees Law has been modified. In particular its Article 4 concerning exemptions, which now include as exempt individuals as natural persons.
This is good news, since it means natural persons (individuals) no longer have to pay any court fees in order to be able to bring claims before the courts, present appeals, etc. These changes have come into force from the 27th of February, and are now in effect.
The money to be saved is substantial, considering that the Court Fees were very high, especially for appeals, or claims for significant amounts.
But it also affect minors court cases, for example: Previously, to file a claim or lawsuit for 10,000€ it meant an initial cost of € 310 court fees in the first instance, and the amount was increased in case of appeals, etc.
The removal of these court fees will allow individuals to access justice in a more economical manner, they will no longer be an obstacle in case of not having sufficient financial means. Remember that for legal entities (i.e: companies) the court fees are still required, within the requirements set by law.
This RDL 1/2015 also includes other measures, known as second chance or for the reduction of the financial burden, which aim to allow debtors to be able to get rid of remaining unpaid debts after the liquidation of all their assets, even if said sale of assets was not enough to pay all debts, the law makes extrajudicial payment arrangements more flexible, to allow individuals a real second chance. It is expected that these measures will apply not only to people in business but also to individuals not involved in business.