Do you owe money to the bank? If you do not pay, you will be free
The economic power has put a lot of effort in making people who do not pay their bank debts to be seen as rejected people within the society however, this is only another way of manipulation the system has in order to protect themselves from actions that harm it. Instead, the defaulter person, even if she is one due to bad administration of her money, she stops being part of the consumer system and this fact gives her the power to live in another way. In a moment of a high crisis and when millions of people are defaulters, if we organize ourselves we can be an active part of this big social change which, day by day, most people see it is necessary.
The default can be arranged with ethics. In the same way we consider a responsible consumer a person who consumes as a politic decision in relation to the ways of shopping that do not harm people nor the planet, when one person has to pay her debts, she can decide to whom to pay according to similar criterion. So, first you can give back what you owe to your friends and suppliers of small and medium companies, without paying the Estate nor the multinationals nor the banks.
Some answers to demystify the nonpayment of the debts.
To begin with, is important to know is only a non fulfillment of contract that depends on the civil code. You have to forget about the association judgment-delinquent. You are not a delinquent. You are free to travel wherever you want, how you want and whenever you want.
To stop paying loans it will only leave you without being able to ask for new loans. It can turn out with lien of account or wages and present and future goods. But all your money or saving can not be liened. The law has foreseen goods and incomes which are unalienable.
How much will it be liened from my salary ? (Also for pension, autonomous, leaves (sick, maternity...), unemployed).
In case your salary is under the minimum inter professional salary (SMI) this one can not be liened.
For 2009, the MSI is 624€. Above this amount, it is liened according to the article 592 of the En judgment Civil Law (LEC), which usually is way less than what you are paying now to the banks:
| Salary | Liened amount | Salary after the lien | |
| 700 | 22,8 | 677,2 | |
| 800 | 52,8 | 747,2 | |
| 900 | 82,8 | 817,2 | |
| 1.000 | 112,8 | 887,2 | |
| 1.100 | 142,8 | 957,2 | |
| 1.200 | 172,8 | 1.027,2 | |
| 1.300 | 213,2 | 1.086,8 | |
| 1.400 | 263,2 | 1.136,8 | |
| 1.500 | 313,2 | 1.186,8 |
Even if it is 1 or 20 debts, not more than what is here stated can be liened by all the creditors from all the different debts.
When can I be kicked out of my house and when not?
In general lines, you can only be kicked out o your house if:
- You stop paying the mortgages
-You do not have to pay mortgages but the debts are big enough in relation to the value of the apartment.
When a mortgage assortment is liened for personal or credit card loans, it will be able to be liened and taken to auction without being able to include the amount already mortgage. Whoever takes the title of auctioned property, will have to negotiate with the proprietor of the mortgage, being able to sell his part, to buy the rest of the apartment or deciding his proportional division.
If you do not agree with the liened amount because you have another good, cheaper and less annoying that will cover the debt, the article 592 of the LEC gives the right to change one liened for another one. In case, it is too difficult to establish this criterion, the article 592 also includes a priority liened order which we can demand to the judge if it is not fulfilled.
To lien the accounts.
To lien an account of a bank due to a debt with another bank is valid when, and only when, the execution the judge orders includes the maximum amount that can be liened. Otherwise it has to be reported for illegal execution.
If your bank account is blocked without a court order, it will be because you have an open account in an entity where you owe money. If you forget about this account and open another one in a different entity where you do not have debts, you will not have this problem. If someone helps you, in this new account you can be added as an authorized person in order to be more secured.
Another personal advices.
* If you are fed up and can not handle it anymore: stop paying right away, all the cards and debts; prioritize your health and the basic needs of your family before paying all the bank debts.
* If you are married and one or both are going to stop paying the debts, it is important you are in a separation of goods regime, because both of your salaries could be liened and moreover, they would add the amounts before calculating the liened amount. The separation of goods can be done as a mutual agreement in front of a notary and can not cost more than 150€.
* Before selling or changing the name of the car owner so it can not be liened, check in Transit if it has a domain reserve. Cars with domain reserve can not be sold without canceling the debt.
* Do not pay attention to any phone calls or letter that will arrive in the future even if they are very threatening. There are several ways to free yourself from the calls: look at the web side.
* If they contact your neighbours you can press charges for infringing the law of personal information protection
* Start, as soon as possible, a new financial life without bank loans, credit cards nor shopping in installments. We can assure you, you will be able to have a good life.
Civil court
In front of the civil court, a lot of people can have access to free justice and we do not know it. The maximum monthly income for family in order to have access to free justice vary in between 1.000 and 2.000 monthly Euro depending on the area.
To be present at the civil court is not compulsory but if you want to be present and receive support, you can summon the people indicated at the bottom of this page, to the web.
These questions are part of the frequently asked questions and answers about the non payment of debts, which the Col·lectiu Crisi (Crisis collective) has proposed to public disposition in the part Comunitat de Moroses at the web http://www.17-s.info/moroses. In this link you will find more information and people who are willing to help and to clear out all your doubts.
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To organize ourselves in cooperatives can be useful in order to live without banks and without worrying about our past debts.
- To lien a person includes her social participations in enterprises, but there is one exception: the social contribution to a cooperative it is not alienable stated in the divers cooperatives' laws.
- A property which is passed to a cooperative where the statutes forbid speculation and profit, is a property that leaves the capitalism and the Estate and it turns out to be a communal good. A tool for the alternatives proposals you will find in the next pages.
- For all the people who wants to start a “transition process” in order to leave the capitalism, but do not feel as sure as to be able to live only with trust relations, the legal form of the cooperative allows them to start being aware and to link themselves to the alternatives, without having to resign to a juridic frame of the relations.
This way, they can be a juridic tool, key to the transition to overcome the system. If you are interested in this option, we recommend you to read pages 13 and 14 with concrete projects in this line: the cooperative of in cession of use houses and integral cooperative.



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