Claim for improper inclusion in defaulters file
What can I do if I am in a debtors file in Spain?
If you were included in a dafaulters file (Asnef-Equifax, Badexcug, or CIRBE) due to a bank debt or any other non-payment, you have the option to proceed with the corresponding judicial claim, in the event that we are certain that the inclusion in the file or files has indeed been improper, addressing the court to request compensation for damages due to the illegitimate interference with fundamental rights.
The legal basis for this action is found in the seventh section of article 7 of Organic Law 1/1982, which establishes that the disclosure of expressions or facts concerning a person when they defame or detract from the consideration of others.
In accordance with the first section of article 249 of the Civil Procedure Law: "the lawsuits relating to honorary rights of the person will be decided in the ordinary trial, regardless of the amount".
Well then, the claim for compensation for damages is based on article 1902 of the Spanish Civil Code, declaring that the person who by action or omission has caused damage to another, whether through fault or negligence, will be obliged to repair the damage caused.
Likewise, in the third section of article 9 of Organic Law 1/1982, establishing that the existence of damage will be presumed provided that the illegitimate interference is proven.