Lexion Lawyers & Consultants

13/05/2020

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14/11/2019

El derecho de las nuevas tecnologías, es aquel que utiliza las nuevas tecnologías en su desarrollo legal.
Este derecho se aplica tanto desde el punto de vista civil, mercantil, laboral o penal, por ejemplo la compra-venta a través de Internet.

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09/07/2019

If you are a foreigner and you want to come to Spain to live ... We give you different options and we help you throughout the process to obtain your RESIDENCE PERMIT!

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05/06/2019

Legal advice from Spain with the help of a translator.
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28/05/2019

Your dream is to study in Spain?
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09/05/2016

Good morning, today we present another edition of series of videos. This time, Mr. Escusa talks about ¨Law of the Second Chance¨

Subtitles:

Hello, welcome again in our office Lexion. We made a new video and I hope that as the previous will be on your interest and above of all, useful. Today, we will discuss the mechanism called ¨Law of the second chance¨ which now has become very popular. They are doing a lot of publicity through radio, newspapers and law offices, offering the exoneration of paying debts. It is a copy of a law that exists in European countries such as Germany, France; full of gaps and problems but, with a full complexity. It is a good Law for people who have mortgage debt as a result of various circumstances and are in a situation of inability to pay it.
What are the requirements or peculiarities that you must have to benefit of the ¨Law of the Second Chance¨ ? First, you should have a plurality of debts, that does not mean a debt, but two or more. In the second place, the situation has to be studied very well. The law does not provide for the intervention of the lawyer, but it is more necessary than ever because there is another important detail. In the end, it will enter into a settlement consecutive contest, in which the trustee will liquidate the debt with all the assets we have. Therefore, you must be good advised. How does it start?
In the case of a person, you go to the notary. The law modified in June 2015, provides that the notary is not allowed to charge for the Act, it means you should not pay for the Act. What does the notary? The notary makes the Act of requesting for initiation of the ¨Law of the Second Chance¨ and appoints a bankruptcy mediator, a person registered in the Ministry of Justice. It is done in an automated manner, without having a choice. The mediator will be contacted us to ask all the necessary information and the full list of all creditors and the debts we have with them. I must say that the law exempts only the private debts, not the public ones (Social Security, the City Council, Public Finance). Immediately, the bankruptcy mediator calls a meeting with all creditors and is making an Act , with or without their agreement.

In 99% of cases, if there is no ability to repay the debt or the money, the Act is made without agreement and immediately sent to a Court of First Instance as the law says. Then it goes straight to an opened contest and there is a procedure that can last between 3-9 months. In the end, it is normal that if there is no asset to satisfy the passive, the judge dictates that we are exempted by the private debt and not by the public debt. Therefore, I want to remember that not all debt is exonerated and also clarify for those who have been involved in a foreclosure proceeding, whose houses that have been already assigned to the bank , no one may be evicted until May 2017.
Without further ado, I hope it has been of your interest this little chat and looking forward to the next video.

Greetings,

Antonio Escusa Andres

28/04/2016

Good morning, today we present our third edition of series of videos. This time, Mr. Escusa talks about ¨debug the system¨

Subtitles:

Good morning, welcome again to those comments that we have been doing through these videos from Lexion. Today we called our small speech ¨Debug the system¨. What means to debug the system?
Until recently, even I didn’t know what it means, but thanks to our reunions with state attorneys, persons from the finance department and Social Security, we have concluded that it is a coined phrase that comes from central Europe and from 3-4 years ago is used on the system aimed at the companies that are unable to respect their obligations correctly, to pay wages to their workers and to pay their taxes and all that.
The state apparatus, either financial department or Social Security must do something as far as possible, that these companies do not remain in the system because they produce only harm. The level of tolerance is zero by the state and it goes straight to the directors of those businesses that cannot survive, cannot have a negative balance or leave their employees in precarious situations.
Therefore, it is making a major persecution of independents and small or medium enterprises with these policies and mandate of the European Union. To all this, contributes very significantly, some rules and resolutions that I had a chance to speak in the previous video. On purpose, I left the subject of the so called companies ¨Cobra Morosos¨ in the inkwell, because our chat of today represents a continuation of it! I was talking, of a recent Statement of October from last year of the Court of Justice of the European Union, the 10/01/2015, Case C 105/14 that is referred to a series of articles, art. 10,11 and 13 of Directive 95/46, in which an appeal is raised by a Spanish citizen to court, claiming that the public administrations cannot transfer the data to others without his consent. This detail is very important. We are finding that many people are being harassed by the financial department, social security for a debt with INEM, with municipalities etc. because of an improper transfer of data. On the other side, also in relation to what we talked last week about the recovery companies of debts, we spoke about the legitimacy of this that has to do with what we're talking now about ¨debug the system¨.
We see the issue of banks that are recovering commissions of the accounts that were not active for many years ago and they are selling these debts to the companies so called ¨Cobra Morosos¨. Today, the small and medium enterprises, the individuals are harassed repeatedly, without any legitimate right and on many other occasions the law of data of protection of Community rules is violated. And with all that, occur unfair situations of harassment. What can do the lawyer in these cases? Every time I think that lawyers are more necessary than ever. Not only from the point of view of being on the court trench, raising claims or lawsuits but, more as an adviser. To be in contact with different administrations who practice these situations and these abusive cases, which are violating laws or with these companies that are chasing debts, without legitimacy to ask them. This is a practice that has being reported in some courts, but still there are some companies that are pulling beneficial balance of it. Therefore, the council should be always, go to a lawyer. In conclusion as established by the Court of Justice of the European Union, with respect to prohibit the transfer of data of public administrations without the consent of the person, we will have many opportunities to seek recourse under the mentioned statement 1/10 / 2015 which says that public administrations cannot assign personal data without authorization of the owner. Because of the principle of primacy of Community law over national law, all this will help that our recourses prosper. Regarding ¨debug the system¨, it is necessary to resort to a lawyer and to establish an equal, a procedure where the companies or self-employed will receive an adequate advice and their data, taxation, labor rights and private contracts will be continuously under control.

This is the best guarantee, the best solution to save problems in a society that has become more competitive and unbalanced.

Greetings,

Antonio Escusa Andres

21/04/2016

Good morning, today we present our second edition of series of videos. This time, Mr. Escusa talks about the so called companies ¨Cobra Morosos¨.

Subtitles:

Good morning, we again prepared a new video that I hope, as the previous one where we talked about the famous documents from PANAMA will raise interest and clarify the doubts of many people regarding the most actual news.
In nowadays, as a result of the crisis and of the economic situation started appearing increasingly more companies, commonly called ¨Cobra Morosos¨. In most cases they are departments of the companies, whether distributors of energy, telephone, gas etc. or, all kinds of defaults, consumer goods etc. The most surprising of these companies is the aggressiveness and the consistency in making calls, using threatening tones, either it's night or day, Saturday or Sunday. There have been cases that people received around 50, 60 calls per day, about the same debt. In these practices, many people feel helpless and don't know what to do and this is not a common problem only in Spain, but also in France, Germany, Italy etc. This type of recovery and claims service for late payments of people is a new service that is implemented in all Europe and the United States. These calls indeed cause discomfort in people's lives. As an actual example of this are the banks, who as a result of bank mergers are selling the information of their customers to the so-called ¨Cobra Morosos¨and respectively, these companies claims debts that really didn't exist before in the bank accounts and people do not use for many years already. Then, banks charge fees for maintenance of the opened accounts and as a result, the ¨Cobra Morosos¨ companies are calling people to claim debts of 600 €, 700 €, 1000 € for that and neither the account holders knew that were still open. Why? Because, maybe 10, 15 years ago the office employee was receiving the order ¨cancel this account¨ and no document was signed for confirming the cancellation and sometimes it was canceled, sometimes it wasn't canceled. Also, there are many judgments of different courts that are giving the reason to consumers and agree that this debt is not legitimate and legal to be claimed. But let's focus on today's video. We will talk about if it is legal or not legal for these companies ¨Cobra Morosos¨ to use our personal information and to accuse us in this way. We should remember some statements that are mentioned by the Spanish Data Protection Agency and by the Court of Justice of the European Union. The first is from the 1st of October 2015 that comes to an interpretation of the directive Community which deals with the treatment and protection of data and the second one is the statement 95/46 and the rules for implementation in the Spanish case, but can be also in the French, Italian, German case etc. What the statements comes to say is that it is lawful that the debtor companies transfer the data to ¨Cobra Morosos¨, only if it is necessary for making the payment to the debt that they have.
Beyond of what is legal, is when these companies are disturbing you in a way of continuing threat and harassment. If you have a debt and you receive a call from ¨Cobra Morosos¨, then just answer to the interlocutory that you recognize it, but can't pay now. Tell them ¨ use legal forms by claiming your debt via monitor demand or lawsuit and I will answer to it, will ask a lawyer for duty roster and I will defend myself as I can and please just stop calling and disturbing me ¨ ! If this has no effect, what we can do, for example in the Spanish Law there is the article 169 of the Criminal code, where is all about threats. Then, we can lodge a complaint against those people who are threatening us continuously and are not filing any legal action to claim the debt. For that what do we need? We need evidence!
Today, all the mobile devices have programs that allow you to record conversations. Just as they usually warn us in their messages that the conversation is recorded, we should warn the caller that he is also being recorded and this evidence will serve to demonstrate before a judge the number of calls and threats we are receiving daily.

For all these reasons, I found interesting to touch this issue because there are much ignorance and uncertainty and I would like to remember that the transfers of data to ¨Cobra Morosos¨ is indeed lawful, only if the order is lawful to recover the debt.

I hope I have shed some light on this topic and people begin to defend themselves.

13/04/2016

In each Wednesday of each week, lawyer Mr. Antonio Escusa Andres, teacher-partner of University, analytical, former Interior Ministry official and founder of Lexion will express his point of view, in a video, with respect to most important news of nowadays!

Today, we present our first edition of series of videos. Mr. Escusa talks and analyzes the information of the famous documents of Panama.

Subtitles:

Approaches made by our fiscal and legal department, as well our approaches as a law office we are made it possible, to predict that this could happen. It was an open secret that the main goal of the states and the last meetings between different international organizations was to locate the tax havens and to find out the amount of money hidden there. We cannot deny that the actual economic situation of the governments and the companies is very poor; obviously, there are a lot of tax havens that accumulated big fortunes. This economic globalization has enabled the relocation of businesses and the movement of capital. All that relocation has resulted in the disappearance of certain amounts of money that cannot be controlled by the governments. These amounts of money are not taxed; therefore, they do not contribute to the burdens of their own societies. As a result, there is an unbalanced economic situation, unfair to the rest of the citizens and societies. This situation has been seen through the scandal of the papers of Panama! Many suggest that Americans or other doors have led to the famous papers. For now, it doesn't matter because it was a collective interest. In my opinion, this information is just the tip of a small startup that now appears in countries and looks like to be the sign of the first investigations of the prosecution office in the face to seek those who are behind these frauds tax havens. It is also true and we must recognize that there are great fortunes from one side and from the other side people who do not have much money or goods have come to open these types of accounts, being counseled by advisers or bankers.

As a lawyer, I would recommend to these people to consult lawyers who are practicing ethics and will try to channel through the legal formulas to outcrop this money. Also, negotiate with various haciendas and various governments the best way to regularize their situations, without waiting for the involvement of the authorities of their respective countries.
Why? Well, if the authorities will get involved, they will do in a criminal way, in a way that will substantially aggravate the situation and will punish very severely. The need is huge and governments are heavily indebted and will try to make an exemplary justice, which is not always a proportional one.
Therefore, it is highly recommended that these people who are in this type of situation now, when all this just starts and will be discovered more and more tax havens, they should go to a good lawyer, good advisers immediately who can lead them and give them the best way of how to present before the tax authorities of their countries and how to regularize their situations so voluntarily and agreed. I think it's the best formula. Any other situation is very dangerous, on the other hand, I want to say that we will probably see much more scandals like this in future and don’t forget the law is a principle that has to be practiced by all the people, but especially by all the lawyers. You cannot recommend a client to skip the law. In this sense, this is a quote that we were practicing for many years in our office and from Lexion we are recommending it to everyone to continue the established margins in the law, because we know that the international trend is to seek tax havens and the enormous amount of money that disappeared, by trying to save precarious societies and their systems that are a result of the crisis.
Finally, I insist on recommending you, to go to a lawyer, because is the simplest way to solve your problems.

Thank you for your time and for the attention of people who are still interested in this issue.

Greetings,

Antonio Escusa Andres

26/01/2016