{"id":1060,"date":"2018-11-11T12:13:03","date_gmt":"2018-11-11T12:13:03","guid":{"rendered":"http:\/\/zerveaslaw.gr\/?page_id=1060"},"modified":"2018-11-11T12:41:14","modified_gmt":"2018-11-11T12:41:14","slug":"judgement-73222017","status":"publish","type":"page","link":"https:\/\/zerveaslaw.gr\/en\/services\/indebted_households\/judgments\/judgement-73222017\/","title":{"rendered":"DECISION NUMBER 7322\/2017"},"content":{"rendered":"

ATHENS JUSTICE COURT<\/strong><\/p>\n

VOLUNTARY JURISDICTION DEPARTMENT<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

Decision number<\/strong><\/p>\n

7322\/2017<\/strong><\/p>\n

THE ATHENS JUSTICE COURT<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

Formed <\/strong>by the Justice of the Peace of Athens E. G., appointed by the President of the Three-Member Board of Directors and the Secretary A. I..<\/p>\n

He\/She sat down. <\/strong>publicly in its hearing on 21-11-2017 to try the case between:<\/p>\n

The applicant<\/strong>, who appeared with his attorney Saint Zervea.<\/strong><\/p>\n

The creditor participating in the trial, <\/strong>who became a party after his legal summons (articles 5 of Law 3869\/2010 and 748 par. 2 of the Code of Civil Procedure): Legal entity with the name "FUND FOR DEPOSITS AND LOANS", headquartered in Athens, 40 Akadimias Street, as legally represented, who was represented by the power of attorney of his lawyer, G. K..<\/p>\n

\u00a0The applicant requests that his application be accepted. The applicant, currently 55 years old, is single and has no children. He works as a teacher in secondary education, with a monthly salary of 1,045 euros at the time of filing the application and now 1,035 euros (see the income tax statement for the tax year 2014, as well as his salary certificate for the month of March 2017).<\/p>\n

Furthermore, the applicant, from a housing loan he received prior to the year of filing the application in question, owed his creditor participating in the trial the amount of 109,566.32 euros, at the time of filing the application.<\/p>\n

In order to repay the above loan, the applicant had to pay his creditor participating in the trial monthly installments of approximately 631 euros, according to a relevant certificate from his creditor, which it was agreed to be withheld from his salary. The applicant was unable to pay these installments before the filing of the application, since the income that remained to him after the withholding of the agreed installment from him was not capable of covering his living needs, with the result that he has been, at least since the filing of the application in question, without malice, in a permanent inability to pay. Moreover, due to the deep crisis that is plaguing the country, he has no prospects of significantly improving his financial situation.<\/p>\n

The claim of the creditor participating in the trial regarding the rejection of the application, because at the time of its filing, there was no overdue debt of the applicant towards him, who is also his sole creditor, which is necessary according to the provision of article 1, paragraph 1 of law 3869\/2010, is unfounded and must be rejected for the following reason: The legislator established the above condition, bearing in mind what usually happens, namely the ability of the loan debtor to interrupt the payment of the agreed installments to his creditor at any time, thus creating overdue debts when he finds that the money remaining from his income is not sufficient for his living or family expenses. On the contrary, this condition, according to the spirit of the law, should not be considered necessary when an active civil servant or pensioner has received a loan only from the Deposits and Loans Fund (TPD) repayable in interest-bearing installments and has agreed to assign to the Fund, in accordance with the special provisions of the law, a percentage of his monthly salary or pension, as is the case in this case. This is because in this case the debtor, even if he is undoubtedly permanently unable to pay, will not have overdue debts to the Fund, unless he loses his job or his salary or pension is reduced so much that the withheld percentage is less than the agreed installment of the loan. For this reason, the court considers that in the aforementioned cases, the existence of overdue debts to the Fund at the time of filing the application is not required. It is sufficient to prove during the hearing that the borrower of the loan was, at the time of filing the application, permanently unable to pay the agreed installments of his loan, in the sense that whatever income remained after the agreed deduction of his installment from his salary or pension was not sufficient to cover his living or family needs.<\/p>\n

From the aforementioned monthly payments of the applicant to his creditor for a period of five years, only part of his debts will be covered, specifically 21,000 (60 months x 350) euros, out of a total debt of 109,566.32 euros. The satisfaction of the remaining claims of his creditor (88,566.32 euros) will be made by further payment of an amount to save the applicant's main residence, which will amount to 80% of its objective value, i.e. the amount of 32,618.88 euros (40,733.60 x 80%) euros.<\/p>\n

\n

FOR THESE REASONS<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

JUDGES<\/strong> contradiction of the parties.<\/p>\n

ACCEPTED<\/strong>\u00a0 the application.<\/p>\n

OBLIGATIONS <\/strong>the applicant to pay to the creditor participating in the trial for a period of five (5) years, the total amount of three hundred and fifty (350) euros per month, which will be paid on the first five days of each month, starting from the second month after the publication of this decision.<\/p>\n

EXCEPT<\/strong> from the sale of the apartment with details A-1, which belongs to the exclusive ownership of the applicant and serves as his main residence.<\/p>\n

OBLIGATIONS <\/strong>the applicant to pay to the creditor participating in the trial, for the above reason (saving his main residence), the total amount of 32,618.88 euros, in monthly installments of a total amount of 135.91 euros each. These installments will be interest-bearing, with an interest rate that will not exceed the average interest rate of a housing loan with a variable interest rate, which will be in effect at the time of their repayment, according to the statistical bulletin of the Bank of Greece and without compound interest, they will begin to be paid 5 years after the publication of this decision, within the first three days of each month and will last for 20 years.<\/p>\n

JUDGED, <\/strong>It was decided and published in an extraordinary public session in its audience, without the parties and their attorneys present.<\/p>\n

\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 THE SECRETARY OF THE JUSTICE<\/strong><\/p>","protected":false},"excerpt":{"rendered":"

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