1.
Decision 7243/2012 of Thessaloniki
District Court
(Ειρηνοδικείο)
Client’s profile: A former hairdresser, who at the time of
application, was unemployed and divorced with a minor child and no income due
to unemployment. She was receiving a small divorce alimony from her ex-husband
while her mother also contributed financially. The applicant had concluded loan
agreements totaling EUR309.558 to cover housing and other consumer needs.
Judgment of the Court of 21 December 2012 accepted the claim, settled
the applicant's debts with zero monthly payments, while it set a new trial for
the re-determination of the applicant's monthly installments. At the same time,
the Court protected the applicant's (main) residence in order to satisfy the
creditors, but ordered the liquidation of an additional house,
Our Law Office succeeded to submit our client to the beneficial
provisions of Law 3869/2010 as an unemployed mother, succeeding in the
determination of none installments, thereby protecting the fragmentation of our
client’s property and complete economic deprivation.
2.
Decision 3955/2015 of Thessaloniki
District Court
Client’s profile: A private employee, married without any children and earning a monthly
salary of EUR 1.370. The applicant's husband is unemployed and as a result, the
financial burden and the family’s living costs borne entirely on her. The
applicant has entered into loan agreement's with a
total debt of EUR 165.088 in order to cover housing and other consumer needs.
Judgment of the Court of 10 June 2015 approved the claim, settled the
applicant's debts with EUR 370 monthly payments, for four years, in proportion
to all of her creditors. Concurrently, the Court ordered the exemption from the
liquidation of the applicant's main residence, setting her on a tranche of EUR
370 for 132 months.
Our Law Office achieved the inclusion of
our client to the protective grid of Law 3869/2010, the paying monthly
installments to all her creditors of just EUR 370 along with the erasure of EUR
115.000, which means, more than 60% of her total debt was removed.
3.
Decision 5638/2017 of Thessaloniki District Court
Client’s profile: Farmer, married with four minor children.
His wife has been abiding unemployed thus, she helped the applicant with his
agricultural activities. The total income they earned amounts to EUR 1.000 per
month. The applicant, in order to purchase his residence and to cover his
spends, proceeded to a loan agreement totaling EUR 89.124.
Judgment of the Court of 28 June 2017 accepted the claim, settled the
applicant's debts with monthly payments of EUR 100 for a period of three years.
Meanwhile, the Court ordered the exemption from the liquidation of the applicant's main
residence, setting the amount of EUR 216 for 240 months as a tranche for twenty
years.
Our Law Office managed to bring the client
under the protection of Law 3869/2010 and remove approximately 40% of its total
debt. Finally, the applicant was requested to pay about EUR 50.000 rather the
original amount of EUR 89.124.
4.
Decision 6233/2015 of Thessaloniki District Court
Clients’ profile: The first applicant is a police officer, husband with two minor children
and earning around EUR 1.290 a month. The second applicant is a part-time
private employee, wife of the first applicant, and receiving a monthly salary
around EUR 400 per month. Therefore, their total monthly income is estimated
around EUR 1.690.
The first applicant, in order to cover housing and other consumer needs,
had entered into a loan with a total debt of EUR 275.344. Accordingly, the
second applicant had proceeded to a loan with a further debt of EUR 219.239.
Judgment of the Court of 07 August 2014 approved the claim and set the
first applicant monthly payments of EUR 280 and the second applicant monthly
payments of EUR 20 for a period of five years, proportionately to all their
creditors. Moreover, the Court ordered the discharge from the liquidation of
the applicants' main residence, setting each of them as a tranche of EUR 150
for 240 months, id est, for twenty years.
Our Law Firm succeeded to submit our
clients to the beneficial provisions of Law 3869/2010, paying monthly
installments to all their creditors of just EUR 150, thus removing
approximately 70% of the total debt. Overall, the first applicant was envisaged
to pay approximately EUR 85.000 instead of the original amount of EUR 275.000
and for the second applicant to pay EUR 71.000 rather the principal amount of €
220.000.
5.
Decision 2967/2012 of Thessaloniki District Court
Client’s profile: Private employee, divorced with two minor children and a monthly salary
of EUR 1.450. Although her ex-husband is obliged to pay a monthly divorce
alimony of EUR 450, he does not do so, failing to comply with the judgment. Thus,
the applicant had proceeded to loan agreements with a total debt of EUR 237.296
in order to cover housing and other consumer needs.
Judgment of the Court of 27 April 2014
accepted the claim and consent to settle the applicant's debts with monthly
payments of EUR 300 for four years, equitably to all its creditors, and ordered
the disposal of the applicant's property (her former family home), to the
satisfaction of her creditor.
Our Law Office managed to bring the client
under the protection of Law 3869/2010.
It was finally foreseen for this applicant
to pay EUR 10.800 instead of the original amount of EUR 240.000, which means,
more than 95.5% of her total debt was removed.
6.
Decision 36/2015 of Vasilika District Court
Clients’ profile: Married couple with two minor children.
The husband works as a private employee, earning around EUR 900 per month. The
wife has been unemployed for a long time and have no personal income.
Therefore, the household expenses are covered by the first applicant’s salary. So
as to cover housing and other consumer needs, the first applicant had entered
into a loan with a total debt of EUR 108.071. Accordingly, the second applicant
had proceeded to a loan agreement which resulted in a financial debt totaling
EUR 105.251.
Judgment of the Court of 30 April 2015
approved the claim, settled the applicants’ debts by ordering both monthly
payments of EUR 125 for a period of five years, in proportion to all their
creditors. At the same time, the Court ordered the exemption from the
liquidation of the applicants' main residence, setting each of them a tranche
of EUR 100 for 156 months. In total, the applicants were required to pay
approximately EUR 39.000 and not the initial amount of EUR 108.000.
Our Law Firm succeeded to submit our
clients to the beneficial provisions of Law 3869/2010, and therefore they were
asked to pay monthly installments to all their creditors of just EUR 100,
removing approximately 70% of their total debt.
7.
Decision 35/2016 of Istiea District Court
Clients’ profile: Married couple with a minor child. The husband runs a business of
touristic residences, earning around EUR 240 per month. His wife works
seasonally for six months a year as a private employee earning about EUR 1.000 monthly.
The rest of the year she receives an unemployment benefit of EUR 470 monthly.
In the past, the wife has managed a trade business of knitwear and sweaters in Istiea, as well as a business of lingerie and children's
clothing in Edipsos. Both of these operations had
been discontinued prior to the filing of the application. The first applicant,
in order to cover housing and other consumer needs, got a loan with a total
debt of EUR 100.902. Withal, the second applicant had entered into a loan
agreements of a debt of EUR 117.263.
Judgment of the Court of 24 February 2016 rejected the husband’s application
because he was considered merchant due to his occupation with the tourism
industry. However, the Court accepted the wife’s application and settled her
debts by stipulating monthly payments of EUR 150 for a period of five years, in
a consistent manner with all their creditors.
At the same time, the Court granted the exemption from the liquidation
of the applicant's main residence, setting an installment of EUR 124 for 180
months, ie 15 years.
Our Law Firm managed to bring our client
under the protection of Law 3869/2010 and it was requested to pay around EUR 22.320,
instead of the original amount of EUR 117.000, removing a percentage that
exceeds 80% of their total debt.
8.
Decision 6492/2017 of Thessaloniki District Court
Client’s profile: Unemployed, unmarried and with no children. The applicant worked as a
private employee until 2011 and has remained unemployed ever since. She has no income;
thus, she covers her basic living needs through the pension she receives from
her elderly father with whom she lives. Her father's pension is EUR 400 a
month. The applicant had proceeded to a loan with a total debt of EUR 63.816 in
the interest of covering housing and other consumer needs.
Judgment of the Court of 08 September 2017
accepted the claim and consent to settle the applicant's debts with zero
monthly payments for four years, in proportion to all of her creditors.
Moreover, her father's pension remained at EUR 400 a month and the Court
ordered the exemption the applicant's main residence and appointed a new trial
on 06 December 2018 to re-determine the installments.
Our Law Office managed to bring our client
under the protection of Law 3869/2010, paying zero monthly installments and to
secure her main residence from excluding liquidation.
9.
Decision 144/2018 of Thessaloniki District Court
Clients’ profile: Son and mother. The male applicant is
married without any children. He has been unemployed since 2008, resulting in
zero income. However, the applicant's spouse, works with monthly salary of EUR
1.563. The mother of the applicant is a pensioner, receiving a monthly pension
of EUR 946. Therefore, the sole income of the first applicant is the salary of
his wife and the second applicant’s income is her pension. The son, in order to
cover housing and other consumer needs had entered into a loan agreement with a
total debt of EUR 127.445 and his mother was as a guarantor of the loan.
Accordingly, the second applicant had a financial debt of EUR 113.580.
Judgment of the Court of 17 January 2018 approved the claim and settled
the applicants’ debts by ordering the first of them monthly payments of EUR 200
for 17 months, and the second, monthly payments of EUR 250 for 17 months, in
equal proportion to all their creditors. It also ordered the disposal of real
estate assets of both applicants for partial satisfaction of the lenders. At
the same time, the Court requested the exemption from the liquidation of the
second applicant's main residence, setting the amount of EUR 215 for 180 months
as a tranche, that is twenty years.
Our Law Firm succeeded bringing our clients under the protective grid of
Law 3869/2010. The first applicant was envisaged to pay approximately EUR 3.400
instead of the principal amount of EUR 127.445, while the second applicant was
foreseen to pay about EUR 43.000 and not the original amount of EUR 113.580. Thus,
our Office managed to remove approximately 95% for the son and 60% for the
mother of their total debt.
10.
Decision 3478/2017 of Thessaloniki District Court
Client’s profile: Pensioner, divorced with adult children.
The monthly income the applicant receives of her pension amounts to EUR 687
along with a rent from a residential property of EUR 220. Her ex-husband does
not contribute to the applicant's living costs. As a result, her monthly income
is approximately EUR 990. The applicant in order to cover housing and other
consumer needs, had proceeded to a loan agreement which resulted in a financial
debt totaling EUR 58.271.
Judgment of the Court of 26 April 2017 approved the claim, settled the
applicant’s debts by ordering both monthly payments of EUR 250 for a period of
three years, equally to all her creditors. In the meanwhile, the Court prevent
the sale of her main residence and set the installment of EUR 172 for 144
months.
Our Law Firm succeeded to submit our client to the beneficial provisions
of Law 3869/2010. In total, it was envisaged for the applicant to pay about EUR
30.000 instead the original amount of EUR 58.271.35, removing approximately 50%
of her total debt.
11.
Decision 3739/2017 of Thessaloniki District Court
Clients’ profile: Two siblings. The first applicant is
divorced without any children. She works as a music teacher earning about EUR
300 a month. She had loaned EUR 108.445 to cover housing and other consumer
needs.
The second applicant is separated from his wife with whom he has two
minor children. He works as an automobile craftsman gaining about EUR 750 per
month. He is involved as a guarantor in the debt to his sister.
Judgment of the Court of 04 May 2017 approved both claims and settled
the applicants’ debts for the first applicant monthly payments of EUR 20 for
two years, and for the second applicant monthly payments of EUR 40 for a period
of five years, in proportion to all their creditors. Furthermore, the Court
ordered the sale of a parcel of land of the applicants on the satisfaction of
the creditors. Finally, both of the applicants' first residences were excluded
from the divestiture and a new trial was set for redefining the installments.
Our Law Office achieved the inclusion both of our client to the
protective grid of Law 3869/2010, paying only EUR 20 and EUR 40 respectively
and protecting their first residence. This way a step was made towards
restoring the economic and social redress of applicants whose real estate has
been protected from liquidation.
12.
Decision 151/2018 of Ioannina District
Court
Client’s profile: Pensioner, married with three adult
children and monthly pension of EUR 670.
His wife is also retired, with a monthly pension around EUR 630. The
cost of living for his family, consisting of two adults, is about EUR 906.
However, their monthly income is nearly EUR 1.300. The applicant inherited a
plot with a house (main residence), located at the village Stavrakio
of Ioannina, covering an area of 100 square meters and
located on a plot of 543 square meters. The existing house on the above plot is
the main residence of his family, first built in 1960, expanded in 1984 and
completely renovated in 2008 with objective value of EUR 37.800. His debts
totaling EUR 58. 833.
Judgment of the Court of 12 April 2018 accepted the claim and consent to
settle the applicant's debts to the bank with EUR 100 monthly payments for a
period of 36 months. The same Court judgment excluded the sale of the main
residence and asked the applicant to pay the total amount of EUR 33.500, with
monthly payments of EUR 348.96, which would begin immediately after the grace
period that was granted.
Our Law Office managed to bring our client under the protection of Law
3869/2010, paying only EUR 100 monthly installments and removing approximately
40% of his total debt.
13.
Decision 4300/2016 of Thessaloniki District Court
Client’s profile: Police officer, divorced with a minor child. His average monthly
personal income is approximately EUR 1.220. Due to a loan agreement with the Consignment
Deposits and Loans Fund, every month EUR 628 were withheld from his salary.
The cost of living, together with the financial support that he provides to his
ex-wife for their minor child, amounts to EUR 1000 per month. The applicant
acquired full ownership of a land of 315,57 square meters of a buildable land,
within the area of Liti at the Municipality of Migdonia. His debt
totaling EUR 137.977.
Judgment of the Court of 21 December 2016 accepted the claim and
prohibited the Consignment Deposits and Loans Fund withholding the
applicant's monthly installment. Moreover, the Court ordered the suspension of
the prosecution measures, as well as the ban on changing the legal status of
his property until a new trial, which was originally set for 26 February 2026. Finally,
the above judgment obliged the applicant to pay the amount of EUR 250 per month
to the satisfaction of his creditors until a final decision is issued to a new
trial.
14.
Decision 3667/2018 of Thessaloniki
District Court
Client’s profile: Employee of S.A. corporation, married
with monthly salary of EUR 780. The applicant’s salary is the only income for
his family, since his wife is in a state of long-term unemployment, deprived of
any earnings. The family has two minor children, 13 and 2 years old. The cost
of living of the household consisting two adults and two minor children is
calculated around of EUR 914 per month.
The applicant owns an apartment on the third floor of a building, which
is built on a plot of 513.80 square meters. The objective value of this
property is EUR 32.729 and the commercial value is EUR 20.000. The total debt
of the applicant amounted to EUR 60.533.
Judgment of the Court of 01 October 2018 approved the claim, settled the
applicant’s debts and set monthly payments of EUR 50 for 21 months, and
excluded his home from sale. In the meanwhile, the Court ordered the applicant
to pay the sum of EUR 17.500, the repayment of which would be made within 15
years with 180 equal monthly payments of EUR 97 each.
Our Law Firm succeeded to submit our client to the beneficial provisions
of Law 3869/2010, removing close to 70% of his total debt.
15.
Decision 156/2018 of Thessaloniki District
Court
Clients’ profile: Married couple, 64 and 60 years old, both
unemployed with two adult children. Their cost of living is about EUR 400 a
month.
The total cost of their reasonable living expenses, in order to maintain
a decent standard of living in accordance with Article 2 (1) of the Greek
Constitution, as determined by the Hellenic Statistical Office's Survey of
Financial Budgets (E.O.Π.), amounts to EUR
537. The applicants have the full ownership of an apartment on the 4th floor of
a building and the objective value of this property is EUR 18.887.
Judgment of the Court of 18 January 2018 accepted the claim and consent
to settle the applicant's debts to Alfa Bank S.A. with EUR 20 monthly
payments for a period of 36 months (February 2018 - January of 2021). The same
Court judgment excluded the sale of the main residence and required the
applicants to pay to their creditor EUR 84 monthly for 120 months, which is EUR
10123 in total. The payment of these monthly installments will commence after
the expiry of Article 8 par. 1 Law 3869/2010 of payments, namely from February
2021.
16.
Decision 88/2014 of Vasilika
District Court
Clients’ profile: Couple with two minor children. The first applicant, 35-year-old police
officer with monthly income approximately EUR 1.150 per month. The second
applicant, 36-year-old unemployed, that do not receive any benefit. The monthly
cost of living for their family, taking into account all their obligations,
amounts around EUR 950.
The applicants have the fully ownership of a residence of 69.82 square
meters, on a plot of 4.562 square meters, in Nea Silata, Halkidiki. Their debts
amounted to EUR 136.238 for the first applicant and EUR 82.649 for the second
applicant.
Judgment of the Court of 18 November 2014 approved partly the claim and
settled the applicants’ monthly payments of EUR 120 to its creditors for a
period of five years. The Court judgment requested the applicants to pay to the
first creditor Piraeus Bank S.A. the amount of EUR 115 for their three mortgage
loans, along with the amount of EUR 0,87 for the credit card contract at the
same bank and finally to the second creditor Consignment Deposits and Loans
Fund the amount of EUR 3.39 monthly.
The same Court judgment excluded the sale of the applicants’ main residence,
located in Nea Syllata. In
addition, the decision obliged the first applicant to pay EUR 115.27 monthly to
his creditor Piraeus Bank S.A. for 15 years. Meanwhile, the Court
settled the debts of the second applicant and requested for a monthly payment
of EUR 115 for a five-year period to Piraeus Bank S.A.
Our Law Office managed to bring our clients under the protection of Law
3869/2010 and removed nearly 50% of their total debt.
17.Decision 152/2018 of Ioannina District
Court
Client’s profile: 53 years old, married and unemployed,
without receiving any allowance. Therefore, the applicant has no personal
income. In the past he worked as a musician at various events and social
gatherings, earning occasional income. The applicant’s wife has also been
unemployed since 2016, and she has been diagnosed with a 67% disability, due to
diabetes type 2 and recurrent depressive disorder. The applicant and his wife
have two children financially independent. The cost of living for a family of
two adults is calculated around EUR 950.
The applicant has the ownership of a first-floor apartment, measuring
76,34 square centimeters. His property, which serves as the main residence of
his family, was constructed in 1997 under license number 96/1997 of the Ioannina
Town Planning Office and its objective value is estimated at EUR 48.094 and
its commercial value at EUR 15.000. In addition, the applicant also acquired
the ownership of a ground floor apartment measuring 128,13 square centimeters
and the co-ownership rate on the plot 500/100 undivided. Lastly, the applicant
has 2 vehicles in his possession.The debts of the
applicant amounted to EUR 18.534 to Eurobank
S.A. and EUR 10.230 to the Public Power Corporation S.A. (ΔΕΗ Α.Ε.).
The Judgment of the Court of 12 April 2018 settled the applicant's debts
to the bank and to the power corporation by setting monthly payments of EUR 40
divided equally to creditors for a period of 26 months, protecting his main
residence from divestiture by imposing monthly payments of EUR 109 for 20
years. It also exempted from the divestment the ground floor apartment
described above both of its proprietary vehicles.
Our Law Firm succeeded to submit our client to the beneficial provisions
of Law 3869/2010, removing about 10% of his total debt.
18.
Decision 1776/2015 of Thessaloniki
District Court
Client’s profile: 43 years old, unmarried and works at the Technical
Service Department of the Municipality of Oreokastro.
His monthly income is about EUR 1.100.
He owns a 62 square meters apartment (main residence), which is located
at the Municipality of Ampelokipoi-Menemeni. The
commercial value of this apartment today is approximately EUR 40.000 and his
debts amounted to EUR 124.856.
Judgment of the Court of 18 April 2015 accepted his application and ordered
the abeyance of any action, as well as the legal status of his property to be
maintained at the time when his application was lodged. A new judicial date was
seton 09 March 2020.
19.
Decision 137/2018 of Istiea
District Court
Client’s profile: 29 years old, priest, married and father
of two minor children. He monthly salary is EUR 950 and his wife does not work.
The applicant owns various properties which are located on the same block of
apartments. To start with, he acquires 50% of the ownership of a semi-detached
apartment of 33,98 square meters that has a shareholding ratio of 77,74 / 1000
in total and has an objective value of EUR 7.204 (as shown by his tax
declaration of 2009). This apartment is also applicant’s main residence.
Additionally, he owns a half-floor apartment of 58,79 square meters with
co-ownership of the entire plot of 134,52 / 1000 with an objective value of EUR
5.261 (tax declaration of 2009) which is a follow-up to the above apartment. Moreover,
he owns a property of 26,05 square meters room, with a proportion of
co-ownership of the whole plot 53/1000 undivided, with an objective value of
EUR 6.635 (tax declaration of 2009) for which a Planning Permit has not yet
been issued. Along with the above, the applicant owns a vehicle (Ford Focus,
1.596 cc, 2002), which is used for the daily commute of his family. The monthly
cost of living for the applicant and his family (food, heating and other fixed
household expenses) amounts around EUR 900. The aggregate amount of applicant’s
debts was approximately EUR 100.769.
Judgment of the Court of 05 November 2018 accepted the claim and settled
the applicant's debts, exempted the applicant's main residence and required to
pay to his creditor the sum of EUR 14.278 in 168 equal monthly interest-free
installments of EUR 85 each. Yet, the same Court judgment excluded the sale of
the applicant’s property of 26,05 square meters and his vehicle, as well as it
divested his debts and obliged the applicant to pay five monthly installments
of EUR 36 in the first creditor and EUR 39 in the second creditor.
Our Law Office managed to bring our client under the protection of Law3869/2010
and remove nearly 85% of his total debt.
20.
Decision 6504/2017 of Thessaloniki District
Court
Clients profile: Married couple and parents of two minor
children. The first applicant is a 39-year-old man who owns a car repair shop.
He does not employ any staff and provides services alone. For the last three
years, his business has not made any profit, on the contrary it has suffered
significant losses. The second applicant is a 36-year-old woman, that works as
an office clerk, earning about EUR 908 monthly. The cost of living of a family
consisting two adults and two minor children is calculated around EUR 1.196.
However, the family income comes mainly from the wife's salary, which,
after deducting EUR 10.72 for employee tax and EUR 177 for social security
contributions, amounts to EUR 720. The couple do not own any property, so they
are deprived of a main residence, living in a rented house and pay a monthly lease
of EUR 200.
The first applicant owns 50% of a parcel of land of 540 square meters
located in the area of Nea Potidea, Halkidiki.
The second applicant does not have any real estate assets. The husband also
owns a vehicle (Volks-Wagen Polo,1995) with a low
commercial value of EUR 1.000. The wife owns two vehicles (Scoda
Octavia, 2006 and Volks-Wagen Polo,1999). Both cars
have a value of EUR 1.000 each. The total debts of the first applicant amount
to EUR 21.425 to the creditors and the second applicant about EUR 18.246. The
debts of the first applicant to the State amounted to EUR 17.800 together with
additional surcharges around EUR 41.000.
Judgment of the Court of 08 September 2017 partly approved the claim of
the applicants and settled the first applicant's debts with 31 monthly payments
of EUR 50 co-distributed among the creditors' overdue claims, as well as
settled the second applicant's debts with monthly payments also of EUR 50 for
31 months. This Court Judgment is considered
a milestone on debt settlement with a public insurance organization.
Our Law Office succeeded in bringing the applicants under the protective
grid of Law 3869/2010, thereby removing approximately 90% of their total debt.