ATHENS JUSTICE COURT
VOLUNTARY JURISDICTION DEPARTMENT
Decision number
5773/2017
THE ATHENS JUSTICE COURT
Formed by the Athens Peace Court E. E., appointed by the President of the Three-Member Administrative Council of the Athens Peace Court and the Secretary E. P..
He/She sat down. publicly in its hearing on 29.9.2017 to try the case between:
The applicant, who was represented by her attorney Saint Zervea.
Of the creditor participating in the trial: 1) The Societe Anonyme Banking Company with the name "EYROBANK ERGASIAS SA" headquartered in Athens, 8 Othonos Street, legally represented, which was not present.
The applicant requests that her application be accepted, ...
From the applicant's undisclosed testimony contained in the trial minutes, from the documents she invokes and presents, given that the defendant creditor did not appear, and from the lessons of common experience taken into account ex officio by the Court (Article 336, paragraph 4 of the Code of Civil Procedure) in combination with the ex officio investigation of the facts (Article 744 of the Code of Civil Procedure) and the oral proceedings in court, the following was proven: The applicant is single and childless, and resides with her retired mother in an apartment of the latter in the municipality of Paleo Faliro in order to cover her living expenses. Until September 2009, the applicant worked as a registrar in the limited liability company with the name ..., receiving approximately 800 euros per month. However, the land registry offices of the aforementioned consortium ceased to operate, resulting in the automatic termination of her employment contract with the employer company without her receiving compensation. From 10.9.2009 she was registered with the OAED unemployment fund, receiving until 11.9.2010 an unemployment benefit of approximately 450 euros. Since then, with the exception of an eight-month period (i.e. from 14.12.2012 and for eight months) during which she worked under a fixed-term employment contract at ... as an administrative employee with a monthly salary of approximately 700, and up to the discussion of this article, she remains unemployed, registered in the OAED unemployment register and does not receive any benefit. The applicant therefore has no income, belongs to the category of long-term unemployed and is supported by her IKA pensioner mother, with whom she resides as a guest. It was further proven that the applicant does not own any real or movable assets.
However, in 2013 the applicant definitively stopped paying as she found herself, through no fault of her own, in a permanent and general inability to pay, because she had already been unemployed for three years, her unemployment benefit had been discontinued and the ability of her low-pension mother to assist her in repaying her loan had been exhausted, a situation that continues to this day. For many years she has not had any income to cover her living needs and the fact that she lives with her elderly mother and survives on her low pension, which is insufficient to cover their living needs, does not allow any thought of determining monthly payments. Therefore, according to what has been mentioned, the applicant is unable to be consistent with her sole loan obligation based on her current zero income, which, however, is not expected to improve in the future as she is not expected to find work since she is already at an advanced age given the country's current deep economic crisis, therefore no improvement in her income is expected for the coming years.
FOR THESE REASONS
He judges. the application in the defendant's absence.
Accepts the application.
Defines zero monthly payments for five years to settle the applicant's debt.
Judged, was decided and published in the absence of the parties and their attorneys, in a public session in Athens.
THE SECRETARY OF THE JUSTICE
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