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Professional Advice

Ask the Administrator: Owners in debt

Good afternoon. I am president of a community where are owners in debt for important amounts.  Some of the debtors have recently paid a levy but they are still in debt for the same amounts.  I was wondering if the payment could have been deducted from the debt, rather than to attend the levy. Thanks

Martina H.

Administrator:  Agustín Pascual del Riquelme


My advice is to remain that payment as it was done, with the purpose of attending the levy.  Your suggestion may be good, but the Civil Code stipulates that the person in debt will decide what part of the total debt he is paying with a partial. Payment.  So, using  that payment to update part of the community fees cold be a wrong action.

You can discuss your idea with the debtor and, only if he accepts, then, use that money to reduce part of the debt he got

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