My community of owners just won a lawsuit to recover utility bills from a neighbor and would like to know when interest should be claimed.
The first thing to know is that the interest that would have already accrued on the date of filing the claim, must be calculated and stated in the claim itself.
From there, for the liquidation of subsequent interest, it will be necessary to comply with the provisions of the judgment on this point. The most common saying would be assessment of accrued interest from the time the claim was filed.
The court will not carry out said liquidation ex officio, but it must be a party (in this case, the community) who, after the final verdict, seeks their approval by submitting a proposal for liquidation for this purpose. The court shall notify the other party so that it may express its consent or, if necessary, an objection. In this last case incident will be opened which will be confirmed by the oral proceedings. The court will rule setting the amount of interest. Unless otherwise provided in the judgment in this regard, legal interest applies until the date of judgment, and from then on, non-payment interest (legal + 2 points).
*Answer prepared by law firm Echeandia & Alevito: www.echeandia-alevito.com
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