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Sabadell, February 20
Since the 2022 reform, all cases are presented to the commercial court instead of the court of first instance, and are resolved in less than 12 months
It is estimated that around 100,000 cases are pending resolution and granting exoneration of unsatisfied liabilities. Despite the constant procedural impulse briefs presented by the law firm, the situation persists without significant changes, with some clients waiting almost seven years, which is unacceptable.Since the 2022 reform, cases of the Second Chance Law They have been transferred to the commercial court instead of the court of first instance and are resolved within a maximum period of about 12 months. “Taking advantage of the Second Chance now is the same as going like a rocket,” they say from the law firm. However, reality shows that many cases prior to this reform are still stuck in the lower courts, facing significant delays. The law firm has received numerous complaints from its clients who have been waiting for years without obtaining the cancellation of their debts. . Despite the firm’s constant efforts, including procedural motion briefs, calls and visits to the courts, unfortunately the cases that are in the first instance courts and that were presented before 2023 are not being unblocked or resolved in a timely manner. form. A clear example is the case of Alberto, a client of Repara tu Deba and resident in Barcelona, ??who has been waiting for the cancellation of his debts since 2016, a year after the Second Chance Law was inaugurated. During these long years of waiting, Alberto has faced numerous adversities, including the cancer diagnosis of his wife, who is still undergoing treatment, and a traffic accident suffered by his son. Another case is Amalia, a widow and mother of three. children, has been waiting since 2017 for the resolution of his procedure under the Second Chance Law in Madrid. Despite the peace of mind provided by the legal support of the law firm that represents her, Amalia finds herself immersed in uncertainty and despair due to the lack of progress in her case. The wait becomes even more heartbreaking for Amalia when she learns that , while she fights for a second chance, other people who benefit from the Second Chance Law currently obtain the cancellation of their debts in a period of just 12 months. This disparity in the resolution times of procedures is unfair and discouraging for those like Amalia who have been waiting for a solution for years. It is unacceptable that the clients of the Second Chance Law, people like Alberto and Amalia, are plunged into a situation of despair and anguish due to the ineffectiveness of judicial processes. “Unfortunately, Repair Your Debt Lawyers has had cases of clients who have died waiting for their second chance. More agile and efficient management is requested by the courts.” This situation reflects a serious obstacle to access to justice and puts into question risk the rights of consumers represented by Repara tu Deuda Abogados. It is essential that the courts fulfill their jurisdictional function in a timely and efficient manner, guaranteeing freedom, justice and security for all citizens. It is necessary that adequate resources be allocated to ensure the proper functioning of judicial bodies and avoid undue delays in legal processes. For this reason, “Repair your debt Abogados has submitted a formal complaint to the CGPJ (General Council of the Judiciary) with the list of its clients and first instance courts throughout Spain in order to be able to resolve the cancellations of debts once and for all. debts from these stalled cases.”Repara tu Deuda Abogados calls for urgent action to address these delays and guarantee access to effective justice for all those affected by the second chance law. “The persistence of these delays not only affects the fundamental rights of citizens, but also hinders the proper functioning of the judicial system as a whole,” comments from the office specializing in the Second Chance Law.
Contact Contact name: David Guerrero Contact description: Press Officer Contact telephone number: 655956735
