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V3807-15 ·1 December 2015 ·consulta-vinculante Medium impact
Tax

No refund of 60% court fee if defendant fails to appear in eviction proceedings

A query was raised regarding whether a defendant's failure to appear in an eviction trial constitutes an admission of liability (allanamiento) for the purpose of reclaiming part of the court fee. The Directorate-General for Traffic (DGT) responded that a refund is only possible in cases of full admission or settlement, situations which require the defendant's appearance and expressed intent.

In 5 key points

How it affects those involved

This ruling clarifies that mere absence in court does not entitle the claimant to a partial refund of the court fee, as a formal admission of the claim is required.

Lifecycle

2015-12-01PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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