Personal Injury – Injuries Abroad

If you are involved in an accident abroad you may be able to claim something back for the injuries caused. If you are claiming for a personal injury compensation claim, the accident that occurs abroad must not have been your fault. Therefore it is important that a expert solicitor is hired to ensure that all the evidence is brought together to prove that you were not at fault, after this you will be able to claim for compensation.

If you are working abroad and an accident has occurred whilst in the course of business, your employer would be liable and it will be possible for you to claim a personal injury compensation claim. You should hire a UK based solicitor based, so long as you are employed by a company that is also based in the UK at the time of the accident, or your employer’s registered office or place of business is located in the United Kingdom. This would mean that your claim would be treated as if you were claiming for damages had the accident occurred at work. If your situation is that you are working for an employer who is foreign or a foreign organisation, it will be vital to seek specialist legal advice in order to understand the best possible options available to you for pursuing compensation.

If the accident occurs whilst you are on holiday abroad, it would be best to hire a personal injury solicitor from the UK. They will be able to claim against the holiday company if the holiday was booked as a package deal through travel agents in the UK. Therefore the accident would need to be the fault of the travel agent or their representatives, such as hotel staff.

In a situation where the accident has occurred while you have been doing a sporting activity that was organised by independent operators in the holiday resort you are staying in, then there will probably be no liability under the Package Tour regulations. Dangerous or hazardous activities such as paragliding, waterskiing, snorkelling, bungee jumping, skydiving, underwater diving or banana boat rides are less likely to be covered under the Package Tour regulations, as they will not be part of the holiday package deal that you would have bought and therefore you cannot claim for compensation through your travel agent of their representatives. However, you can try and sue the companies in that country for the accident, but this can be much more difficult and expensive.

For more legal advice and information, and for free legal resources visit www.lawontheweb.co.uk.

Probate Properties

The Great Probate R.I.P-Off

I have commented before on Ambulance Chasing, where as you would generally expect greedy Solicitor/Lawyers are at the head of the queue, but it would seem along with the banks that they will stoop to the lowest of the low when it comes to grieving families and Probate.

Chasing after responsible parties of injured people, in the all too familiar world of American-Style personal injury work is one thing, especially as the injured party is fully aware of what they are trying to achieve.BUT and this is a BIG BUT When you are the appointed executor of an estate or a beneficiary who is just about coping with the grief of losing a loved one, it is an unconscionable act to prey on this vulnerability like some legal parishioners in the UK specializing in the probate process seem to do these days.

As I am always being asked about how to approach probate properties and the clear sensitivity that exists with this kind of Property investment, it seems to make sense to clear up a couple of items that I know will be on someones mind if it is not on yours.

Firstly WE as the Investor , are there for one purpose and one purpose ONLY and that is to act as a problem solver to the estate, NOT to join the queue of vultures that seem to appear, whenever someone passes away.

Generally in every process there will be a legal appointment for the Probating of the estate and although as the investor we generally do not want to deal with the appointed solicitor per se, it is important you know their role in the process.

Secondly, because we are there to help resolve a huge financial burden for the estate, we are generally seen by the estate as a real benefit, especially if it means a speedier resolution to a process that the legal and financial world are happy to drag out, because as with most things and never MORE so heretime equals BIG MONEY!

Again this is another reason why we can achieve hugely rewarding results, when this problem solving approach is undertaken properly and sensitively.

Everything You Need To Know About Road Legal Mopeds And Motorbikes

Owning a 50cc moped gives you the freedom to travel to your friend’s house or into town when you want to and they are a great way to prepare for a real motorbike as they only reach 30mph which is the perfect way to gain road confidence. You can then upgrade to a 125cc or above when you want and go much faster.

The low insurance costs on these mopeds are also a good factor and they don’t require much petrol. They also have the bonus of being able to get into many places that cars can’t because of their size and easy manoeuvrability. However, the drawback to this is the safety issue as you don’t have much protection on a scooter and some road users will give you less than enough consideration. Overall, however, this is the only set back and the benefits of a moped are numerous in comparison.

Once you turn 16 in the UK you can legally get a permit for a 50cc scooter. The same with driving a car there are lots of responsibilities when riding a moped and you’ll need to use your common sense. Experience on the roads will come with times and treating your moped as a proper vehicle rather than a toy to show off on is the first step. Mopeds can leave you very vulnerable on the road as you have no protection, so until you’ve passed all your tests and are fully confident keep L plates on your moped to alert other drivers.

Traffic is daunting when you first encounter it in any kind of vehicle and mopeds are no different. You need to be able to adapt quickly to changing conditions on the road even more in a moped and this in turn will keep your reactions highly tuned. 50cc mopeds can only reach 30mph and this speed allows you to be able to pay more attention to your surroundings and become more self aware. Every road bump will jolt you more than in a car, so balance is a key factor in good moped control!

Your body is much more responsible for controlling a moped than you would need to in a car and all of your body has a part to play. Your left hand controls the clutch to change gears and your right hand is responsible for the brake. In addition to this your left foot then changes the gear and controls the signals, reversing, lights and moving to the reserve fuel tank whilst your right foot is mainly for balance.

50cc scooters and 125cc motorbikes are the best kinds of vehicles to use in order to gain road sense in preparation for a proper bike or even a car. However, think about what you as a person would be the most comfortable with. You will need to be mature and responsible to ride a moped and be able to pay your way much better than a tank of petrol in a car will.

The Role Of Immigration Solicitor London In Uk Visit Visa

If you are looking for an immigration solicitor London because you want to get a UK Visit Visa as soon as possible, let us recount what actually a Visit Visa is and a few aspects that you need to know about it.

If you intend to move to the United Kingdom for holidays or business or even seeking a residency, a Visit Visa is what you need; whether you obtain it before or after arriving in the country. An experienced immigration solicitor London could be of immense help to you as you would need expert advice and assistance. A professional London solicitor who specializes in immigration affairs would ensure that the risk of refusal is lessened.

Now, if you are wondering how an immigration solicitor London could assist you, let me tell you that your immigration matters need to be studied and assessed thoroughly before you get an approval. The relevant documents need to be gathered and a lot of paperwork has to be done. Finally, the entire matter has to be reviewed before it is submitted to your Home Office.

Many documents are involved when you are applying for a Visit Visa to UK. For instance, the documents would include your passport, passport sized photograph, itinerary, sponsor or employment letter, proof of return, accommodation details, criminal records, financial documentation, sponsorship documents and the fees involved with visa. Immigration solicitor London could help you in doing the required documentation, since he or she is well-versed in the immigration laws pertaining to UK.

The procedure for getting a Visit Visa to UK involves the following:
You should find a sponsor if you are visiting them during your UK visits.
The UK Border Agency website needs to be visited. You have to register in order to apply online and fill in all the details asked for.
Appointment needs to be fixed with a local visa application center for submission of documentation and finger print verification.
The required documentation along with the passport needs to be collected.

As you can understand, the application procedure is time taking and you need to be careful about the formalities. An immigration solicitor London could help you get the work done faster and in an organized way.

An immigration solicitor London would be able to advise you on particular laws pertaining to issues of immigration in relation to UK. Often, the laws are complicated for ordinary people to understand; so, he or she could help you in comprehending the intricacies.

Visa Consultancy Legal Service Provided By Malik Batra

Malik Batra is an evergreen name. Who is providing Legal visa service in India . Arosons Limited is a London(UK) based Company & it has also been incorporated in India as a Limited Company. Offering Legal visa services. He has number of clients from different country and backgrounds for a various destinations. Its’ been 25 years since he stepped in transitional work engagement and marketing.

Mr.Batra arrange Legal sponsorships for getting assured & guaranteed visa. He is stand strong in the Legal world by establishing visa consultancy services in Delhi named Arosons Limited. – He provides new experience of services by taking several new majors. Now a day he becomes rejoices the wonderful reputed and highly experienced Legal consultant not only in India, in fact that, whole Asian subcontinent.

With the rise in career opportunities in outside country the number of people applying for Australian and UK Visa has increased. There are a lot of reasons why people going for the visa is beneficial. Those mains the reason is of course the fact. That they want good job or study market and college in other country for making a booming and the opportunities for immigrants are many mainly due the inability of Asian population to meet the demand. There is more country is large in size the population is rather small which means the chances of you.

There are many educational opportunities in different country. There are a lot of good institutions who offer quality education to international students and getting a degree from an Australian university is equivalent to getting a degree from any reputable institution while the costs involved are lower. Visa consultancy service India offering legal services.

The new system which is known as Tier 1 (General) is just like the same as the previous one. Only few points has been changed or added in the points-based immigration system. First change came into existence from April 03, 2006. The change was rule HC-1016 of immigration. According to this, earlier Highly Skilled Migrant visa holders who were promised to get settlement after four years, as per new system they have to be in queue for five years before applying for Indefinite Leave to Remain. The second change in HSMP came into existence from November 08, 2006. It was an introduction of new points-based assessment system for all migrants whether they were currently working in UK or from outside UK looking to migrant. This change faced lots of protests because many migrants thought that this kind of changes will force them out of UK. For more information contacts us – 00-91-9212188888,8010807979,9711113635,9818733536,9911161144, 8802021177,00-91-9811294295,Malik Batra,Batra,Abhay Batra,Abhay Veer Batra

Know what role UK Barristers have in Dealing Criminal Law

Unless you’re in a situation when you got struck with a complex fraud case, you never realize the need for a criminal barrister. Allegations of business crime, corruption, money laundering and other fraud trials cannot be faced alone by the client himself and here comes the necessity for hiring the services of an expert fraud solicitor, who holds the right qualification and is aware of the tactics involved. The role of barristers in London is something exceptional as they work independent and have their primary objective in providing necessary legal advice to clients by understanding both sides of the case.

Facing the legal proceedings of criminal cases all alone can bring you huge expenses and in times stress and tensions. Barristers, who’re legal specialists, possess enough knowledge and experience and so can assist you with early advice regarding the strengths and weaknesses of the case. An experienced barrister with outstanding ability can transform a highly complex allegation into a simple one with his argument in courts. Even if fraud solicitors are skilled in legal dealings, they possess expertise in handling cases outside the courts whereas barristers are responsible for presenting the case before the court. t.

Now you may be aware of the importance of an expert barrister. But where do you find one such person? It’s simple. None other than your solicitor can find you the right barrister if it’s proved that your case needs a barrister’s assistance. Even otherwise, finding the most suitable criminal barrister in London is no more a difficult task as there are also other options available. Before choosing a barrister for your case, determine first whether he holds the right qualification and experience for dealing with criminal law. It’s advisable to choose licensed barrister who have special interest for criminal law, because one such person will certainly be capable of providing advice on a case just by looking into its papers.

It’s also possible for clients to consult and get idea about the case proceedings from a barrister directly in barrister’s chambers if the case appears to be a complex one. Earlier barristers are not allowed to have direct access with clients about the case proceedings. UK barristers today are ready to accept instructions and suggestions from clients so that it becomes easy for the clients to handle fraud cases in the way they wish for. Another option to choose right barrister for your legal proceedings is to go for direct access barristers, who work independently from barrister chambers and are capable of criminal law interpretation. The greater advantage of choosing one such direct access barrister is that clients are given chances to instruct barrister directly without the need of instructing a solicitor.

The author has written numerous articles on the functions of a barrister and the necessity of hiring his legal services. The above article is all about the role of barrister London and why they are considered prominent in UK legal services.

Buy Methiopropamine Or Camfetamin – But Be Legally Secured

Whenever we come across the term research chemicals, the adjectives that instantly come to our mind are hazardous, dangerous and harmful etc. It is natural for common man who is not professionally engaged with chemical science. The force strengthening this belief is that chemicals can harm anyone if handled improper way. The misuse of research chemicals may lead to many serious consequences which make be health oriented or legal. Camfetamine, Methiopropamine, Methoxetamine, 6-apb powder and Benzo Fury etc are commonly known and widely used research chemicals. Among these, Camfetamine and Methiopropamine (Class B chemical) are more in demand by the laboratories and industries.

Camfetamine is termed as N-methyl-3-phenyl-norbornan-2-amine. It is the analogue of in-famous Fencamfamine. At the moment, it is available only at leading online research chemicals stores. Many scientists are keen to use it to analyze it chemical and physical properties. Methiopropamine, also known as MPA, is thiophene-based analog of methamphetamine. It is chemically written as N-methyl-1-(thiophen-2-yl) propan-2-amine. It came into existence in 1942. It is almost similar to Methamphetamine. It became popular among the youngsters with the nick names of Whiz, Speed, Phet and Billy. Its sales in UK was allowed in December 2010. Just after its introduction, it gained popularity among the masses as recreational drug but very soon it was turned down because of its specific side effects as well as almost no interest of pharmaceutical industry.

However, some wasted social interests are also engaged in sourcing these to serve their unsocial purposes. Therefore, you need to be very cautious while buying it. To be on safer side, you must have legal reason and permission to source and use it. Any deviation in nature of declared usage may also land you behind the bars. If the selected source doesnt have AIRCR certification for selling Camfetamine, do not deal with it even if you are getting financial benefit.

Although suppliers or distributors of chemicals are already watchful while selling these chemicals but primary responsibility comes to the user. Nobody wants to let Camfetamin or Methiopropamine fall into wrong hands. It is reported that some people get these chemicals in bulk and resell them in retail at higher price for illegal purpose. To buy Methiopropamine or camfetamine is not an easy task if you are buying these chemicals legally. You need to furnish lot of documents. But if you have valid reason to use these chemicals, Government recognized agencies may supply these up to your end.

Looking Beyond India For Successful Legal Process Outsourcing

The most popular Legal Process Outsourcing (LPO) destinations include China, Israel, Philippines, Sri Lanka and, of course, India. For a decade, India has reigned as the world’s premier outsourcing destination because of its favorable time zone, the better quality of experts from the country, foreign educated professionals, language and the similarity to English common law systems. Despite India’s supreme reign, LPO is moving beyond India’s borders into new countries and with new strategies.

Redefining LPO

As the LPO industry matures and expands, corporate legal departments and law firms alike are becoming more open-minded about the types of legal processes to outsource and where their LPO providers are located. The trend today is to think about outsourcing in its broadest terms as “to outsource any legal work — including from one law firm to another law firm — in any geographical location, for example from the UK to Kenya, India to Uganda and so on.”

Rethinking LPO

This new mindset is leading to a surge in new destinations and operating models for LPO work. Examples of new LPO locations include the UK, Chile, Ghana, Jamaica, Poland, Romania, Russia, South Africa, the Philippines, and Vietnam. These regions share several important attributes: they offer a rich pool of multi-skilled talent with a high work ethic. They also have cost advantages, sound IT and telecom infrastructure, good connectivity, ease of travel, government support, business-friendly policies and cultural compatibility.

Relocating Legal Process Outsourcing

The concept of “near-shoring” is also gaining global acceptance. The term describes any outsourcing location “near” its primary market (for instance, Eastern European countries to Western European Countries), or as services delivered from an adjacent or nearby country. The near-shore outsourcing model offers a number of benefits equal to the offshore outsourcing approach. The primary benefits include:

*Proximity and Time Zone
*Cultural Affinity and Ease of Doing Business
*Cost Savings

Although near-shore rates can be higher, near-shore engagements offer greater efficiency gains that working in close proximity and in the same time zones can bring. Therefore, near-shoring can be more efficient in achieving higher percentages of work performed at a lower cost location than offshore. Thinking past simple labor arbitrage, companies that engage in long-term engagements, measured by strategic service level agreements, can better leverage the advantages of the near-shore model.

The near-shoring trend illustrates the value of LPO beyond simple cost-savings. With the huge global potential that near-shoring presents, LPO will be more widely adopted as a flexible, effective strategy for delivering legal services to a global business community.

Check more info about : Legal Outsourcing Conference and Legal outsourcing

Increased Regulatory Scrutiny Contributes To Legal Outsourcing Boom

Following the global financial crisis, businesses are facing increased regulatory compliance pressures. To tighten regulatory oversight in the UK, the UK government restructured financial regulation and divided the Financial Services Authority (FSA) into two regulatory bodies — the Financial Conduct Authority and the Prudential Regulatory Authority. Across the pond, the US enacted the DoddFrank Wall Street Reform and Consumer Protection Act, which changed the American financial regulatory environment and almost every part of the nation’s financial services industry. In the wake of these sweeping regulatory reforms, companies in regulated industries, such as finance and healthcare, must be hyper-diligent with their compliance programs.

Today, industry regulators in the UK and US are aggressively investigating any allegations of corruption and bribery, particularly related to foreign jurisdictions. Subsequently, the number of investigations and litigations has increased significantly, and companies face heavy fines for noncompliance and even risk criminal prosecution.

When an investigation occurs, corporate legal departments often need to provide huge amounts of information to satisfy regulator requests. The traditional ways of gathering and collating this information and reviewing it for relevance are no longer feasible. Legal departments need to have the ability to review information quickly and cost effectively, so they can respond efficiently to regulatory notices.

Law firms may not be the ideal choice to manage large volumes of information and data in a timely and cost-effective manner. Collecting and ESI processing, forensic analysis, storage, database management, hosting, and software configuration and maintenance are non-legal services that can be provided by non-legal specialists. Legal outsourcing providers (Legal Process Outsourcing) are better positioned to handle these tasks because they typically offer advanced technology and more focus on these skill sets, which are now essential for both litigation and regulatory investigations. Seasoned LPOs are geared up to provide exactly this type of predictability of costs and time lines for disclosure and can work to a fixed budget. This provides more certainty and allows clients to control costs particularly in complex investigations or litigation cases.

At the same time, the courts are mandating a wider and deeper review of electronic documents in legal proceedings as well as an explanation of what steps parties have taken to recover potentially relevant e-documents. Again, LPOs are well-equipped to provide end-to-end data management, allowing clients to confidently outsource document management and review work in regulatory matters. Some clients are even setting up panels of LPOs and requiring their external law firms to work collaboratively with these LPOs to ensure that the potential cost savings are properly and appropriately realized.

The global financial crisis has forced corporations to develop new strategies to cost-effectively and efficiently handle investigations and litigation. As more companies look to manage the associated costs and risks resulting from regulatory scrutiny, document review and e-discovery are likely to be growth areas for LPOs.

Check more info about : San Francisco lawyers association and Intellectual Property Conference USA

Guatemala and Enforcement of Foreign Judgements

Executive Summary What we are going to discuss here is whether or not a creditor can come to Guatemala with a judgment from a foreign (Non Guatemala) court and enforce it or make it collectible in Guatemala. We will look at the complications involved and the chances of success which are miniscule at best. I would like to point out that this is a topic not covered by our competition. There are collection law firms that discuss international judgement collection but they are trying to sell their services. In spite of this I have never seen one collection law firm getting enthusiastic about collecting foreign judgements. It is best done through a treaty which Guatemala does not have with any country. We will discuss the matter in depth below.
What is a Judgement A judgement is a decision from a court based on a trial or it could be based on a summary judgment where there was not trial held because the odds of success for the defendant were so small the court just goes ahead and railroads him. Sometimes this happens because the defendant can not afford a legal defense. This is prevalent in the USA. In this discourse we are addressing judgments for money damages. A judgement can have other aspects to it like an eviction proceeding ordering one to leave a house. It does not matter if it is a local court or a national court for this discourse. This is because Guatemala has no treaties for enforcement of foreign judgments but more on this later. The court would need to be contained in a country that Guatemala has diplomatic relations with. Guatemala also insists that the country of the judgement allows Guatemala judgements to be enforced in that country.
What is Not a Judgement A tax lien is not a judgment. Tax liens can come from local or national governments. There is normally no trial preceding a tax lien. There was no judge, no jury, no due process, no right to defend yourself, no attorney present for the defendant, no right to examine your accuser, no chance of jury nullification, etc. This is a government administrative procedure that is not enforceable offshore in other countries. A tax lien would need to be reduced to a judgement by filing a lawsuit in a court of appropriate jurisdiction in the home country. It would be like any other lawsuit. The defendant would have the right to present a defense and have a jury trail. Such a judgement would also then be dischargeable in an ordinary bankruptcy case. Tax liens are practically never converted into a judgement for these reasons and of course the expense involved, time delay to go to trail and so forth.
Guatemala Has No Treaty for the Enforcement of Foreign Judgements It is good that Guatemala has no such treaty. If a treaty like this was present the process of collecting a foreign judgment would be simplified. The judgment itself would be sufficient evidence to proceed with collection. With Guatemala, foreign judgements are anything but a cost effective easy thing to collect on.
Guatemala Corporations and Foreign Judgements Before we get into the ins and outs of the nightmares associated with collecting foreign judgments in Guatemala lets look at the initial problem a judgment creditor would face. We always have our clients use corporations for asset protection. This applies to banking, real estate, cars etc. We prefer to start with fresh corporations formed in the jurisdiction as long as they are anonymous bearer share corporations. Guatemala has very anonymous bearer share corporations. The names of the owners of the corporation do not appear in any public registry, database and the government does not know who owns the corporation. In places like the USA where the legal system has run amuck you will hear a lot of talk concerning piercing the corporate veil. This piercing the corporate veil tactic is nasty and effective in the USA. Try it in Guatemala and you will fail and have one angry judge to deal with who will be less than appreciative of your attempts to import sleazy legal tactics from the USA into his or her courtroom. The corporate veil is not going to be pierced for foreign cvil judgement collection matters. So how does the creditor attack real estate or a bank account owned by a corporation in Guatemala? He doesn’t! You are the owner of the corporation but he does not know that and cannot prove that. Ownership of Guatemala corporations is not in any public registry or database. Going to court and saying well the judgment debtor wired funds from his home country bank account to a bank account owned by this corporation, is not going to prove a single thing in Guatemala regarding corporate ownership. The judgment debtor may have invested in this corporation, he may have bought real estate from this corporation or bought a boat, a plane a car, etc. It does not prove any ownership. The judgement creditor is not going to be able to get into any Guatemala banking records using a foreign judgment as grounds. Guatemala has serious bank secrecy. You must understand that in Guatemala a corporation is a free standing judicial person (artificial person) that has its own assets and liabilities. Your liabilities are not the liabilities of the corporation. This means personal debts do not transfer over to a corporation.
Fraudulent Conveyance The catchall used to attack offshore bank accounts is fraudulent conveyance. A fraudulent conveyance references activity where funds or assets were removed from a jurisdiction to prevent a creditor from recovering the debt. The term can also apply to transferring title of real estate or a car to another to keep it from being attached by a creditor. Panama allows a creditor to pursue a fraudulent conveyance action based on a foreign judgment and this even applies to their foundations. As a comparison Guatemala is not a fraudulent conveyance friendly jurisdiction. Such cases are seldom ever heard of in Guatemala because the chances of success are extremely slight. The plaintiff would need to show that the transfer was specifically designed or intended to remove the assets from the reach of the creditor. If the defendant could show this was not the case then there is no fraudulent conveyance. The money could have been moved to say a Guatemala corporation to pay for services, goods, make an investment, buy a residence, invest in real estate, buy a boat, and so forth. Please bear in mind that in Guatemala the creditor is in the dark. He cannot just subpoena bank records like in other countries. He has no idea who owns the corporation. There are a lot of just about insurmountable obstacles in the path the creditor has to follow. This is why we do not really see these cases in Guatemala.
Foreign Judgement Enforcement Complications in Guatemala There are a lot of conditions that need to be met to enforce a judgment in Guatemala from another country.
Default judgments are not enforceable in Guatemala. The defendant must have been served personally. This means a live process server gave them the legal papers. If the service was by mail, by courier, by publication it invalidates the entire lawsuit and judgement as far as Guatemala is concerned. Dropping the papers on the doorstep or taping them to the door is not going to work. This right off the top eliminates a large amount of judgements.
The judgment must be final in that there is no more room for appeals. This is usually going to mean a few months in most cases.
The court that issued the judgment has to have had proper jurisdiction over the matter. Frivolous cases filed in foreign jurisdictions with incorrect venue or authority are not going to be enforceable. The debtor can always argue that the jurisdiction or authority the court asserted is incorrect. This can then make it a triable issue of fact in the Guatemala courts. The defendant would try to get the plaintiff to retry the entire case in Guatemala if he could not find another way to dispose of the matter. To do this means two sets of lawyers for the plaintiff, one in Guatemala and one from the foreign country. Think big money. Remember that Guatemala has no treaties for the enforcement of foreign judgments. This opens up the playing field to counter attack the plaintiff attempting to collect the judgement. When there is a treaty the judgment itself stands as admissible evidence and the grounds for objecting are most limited.
There is no enforcement if no such claim would be possible under Guatemala law. Guatemala will refuse to enforce the foreign money judgment if the claim on which the foreign judgment is based could not have been brought in Guatemala. The foreign case has to be consistent with Guatemala law. Guatemala law is not as crazy as USA, UK law. If you were sued for sending out faxes that were unsolicited, this judgment would be void in Guatemala since they have no such law in Guatemala. Many USA lawsuits are for civil violations that are absent from Guatemala law and thus not enforceable in Guatemala. This means the foreign attorney will have to retain foreign counsel to review the case and see it is consistent with Guatemala law. Can be expensive. He may have to have the entire matter translated into Spanish by a certified translator at a cost of $10 to $15 a page. Some cases are hundreds of pages. Then the Guatemala lawyer has to read the case which means billable hours. He will ask questions to the foreign attorney so now we get into double billable hours. In any event to enter the judgment into the Guatemala court system in an effort to collect there would need to be a translation of the judgment into Spanish. Then when the debtor started making objections the entire case file would most likely need to be translated into Spanish.
If the judgment was for contempt of court it makes the judgment not valid in Guatemala. This sort of judgment would not be collectible in Guatemala.
The judgment has to not be for default. In other words if you failed to respond to a foreign court action and were in domicile in Guatemala and they got a summary judgment that would not be a valid judgment.
More Foreign Judgment Collection Obstacles in Guatemala The creditor wishing to collect on a foreign judgment in Guatemala is basically on a financial mission, to collect funds. His path is like walking through a minefield. He can hit a number of unexpected or hidden tactics presented by the debtor that will make a financial recovery very unlikely.
First, we have to look at the appeals process open to the defendant. These are the things a creditor will be advised to consider before proceeding with an expensive and time consuming foreign judgment matter in Guatemala. Please bear in mind the defendant (debtor) can appeal any negative decision from a lower court two ways. The defendant can appeal to the Supreme Court claiming the law was not followed correctly applying any of the above noted objections, or all of them. He can also claim procedures were not followed correctly. He can claim the case is not consistent with Guatemala law. He can attack the way he was served. There are many things he can do. He can even file a counter claim against the creditor. The other appeals option is to appeal to the special Constitutional Courts Guatemala has to just decide constitutional issues. How hard would it be to argue that the defendant had some constitutional rights violated in the process somewhere.
If all that fails after years of waiting for the process to work its way through the courts, then there is the bankruptcy option. Guatemala has a complex bankruptcy court system that could be utilized for shelter from creditors. Using these appellate processes is going to run up the bill for the plaintiff substantially. Without the appeals system, the time required for cases can run up to the 3-5 year mark easily. Then add in appeals. and the bankruptcy for even more years. The plaintiff could conceivably go broke or die of old age before the appeals process runs out. They might recover nothing especially if a bankruptcy is used. The plaintiff might never prevail. The expenses involved could be more than the amount of the judgment. By the time all the appeals are used, the time limit for the judgment may have expired (7-10 years usually) and then the case could be dismissed because the judgment is not longer valid, thus not enforceable. And on and on it goes. Such collection efforts are indeed rarely ever seen in Guatemala.
Summary If you have read this you are looking for a secure offshore asset protection jurisdiction and structure. We have several excellent options. Please bear in mind the perfect jurisdiction and structure does not exist. There is always going to be a give and take scenario. We have managed to isolate a few excellent options but there is no perfect solution that meets the needs of everyone. We do try though!