A family in Errenteria is facing eviction due to an error in identifying their mother
A judge in San Sebastian has refused to acknowledge the weakness of this family on the basis that the woman who has been confused has three properties outside the Basque Country, which has influenced the judge's decision.
The Gipuzkoa Evictions Stop platform warned on Thursday that the marriage and their 10-year-old son are in a serious situation, as they are about to be evicted from their rental apartment in Errenteriabecause they have confused their mother with another person of the same name and surname.
Rosa Garcia, spokesperson for this organization, explained at a press conference that a judge in San Sebastián has refused to recognize the vulnerability of this family on the basis that the woman who has been confused with the mother of the family has three properties outside the Basque Country, which has influenced the judge's decision.
In response to this situation, members of Stop Evictions have concentrated in front of the Donostia Palaceof Justice to show their support for the family , as well as leaders of EH Bildu, the United States, Podemos and Ezker Anitza-EB.
Garcia explains that the Court of First Instance No. 5 rejected the vulnerability file filed by the family and supported the decree suspending evictions until the end of the year. Similarly, several appeals were denied, including the one filed with the Provincial High Court, since the debt could not be awarded, while the family income is limited to the Minimum Living Wage of €1,309.25.
Garcia explained that this whole situation is due to the confusion caused by the personality, since the mother of that family is not vulnerable because there are supposed to be properties in her name outside the Basque Country.
On 8 July, the injured parties filed a final appeal with the Constitutional Court in Madridon the grounds of "defencelessness and discrimination on economic grounds". So far, we do not know whether this action will stop the planned launch.
In view of the imminent risk of eviction, Stop Evictions has requested the Errenteria City Councilto act as an intermediary with the plaintiffs, Caixabank-BuildingCenter, S.A.U., to request the court to suspend eviction in order to negotiate a residential solution for this family living in a municipality declared tense.
According to Stop Evictions, after the economic crisis, the family was unable to continue paying, and in 2018 they agreed with the bank to pay for a social rental apartment, at which point the bank handed over the house and debt to BuildingCenter SAU.
During the pandemic, tenants stopped paying rent and consequently filed a lawsuit for eviction in 2021. The eviction was initially suspended under the decree of vulnerable tenants, but a new judge has suspended the suspension on the basis of confusion over the mother's identity and alleged ownership outside the Basque Country.
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