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V3807-15 1 December 2015 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · tasa judicial

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.

The question raised

Equating to acquiescence for the purposes of the 60% refund of the judicial fee. Whether, for such purposes, the subsequent return of keys by the defendant is decisive. Whether, ultimately, the return of the legally established percentage of the judicial fee to the plaintiff remains in the hands of the defendant.

The DGT's ruling

The refund of 60% of the judicial fee only applies in the specific cases of total acquiescence or agreement between the parties. The failure of the defendant to appear in an eviction proceeding does not constitute total acquiescence. Therefore, if the defendant does not appear, the consequence of refunding part of the fee paid cannot be extended.

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