Working with your personal injury lawyer to get the best results

Every day, you get into your car to go to work, trusting that other drivers on the road are abiding traffic regulations. Unfortunately, tens of thousands of people get into car wrecks and are injured every year due to the negligence of others. If you have been injured in a car accident, you should definitely get a personal injury lawyer, who will represent your best interests and help you to procure compensation for all your injuries and loss.

How can you assist your personal injury lawyer in a car accident claim?

After being involved in a car accident, it is natural for you to feel disoriented and if you are not at fault, you are entitled to compensation. Following are some easy car accident tips to help your personal injury lawyer to file your claim better:

Call the police – The foremost thing to be done after meeting with an accident is to call the police. This will help later as evidence in the claim, thus turning the case in your favour. Note important details – you should exchange contact details with the other driver. Also, ask for details of his insurance company and note down the registration number of the car he is driving. Remain tight-lipped – You should not discuss unnecessary details about the accident with the other driver or an insurance agency representative who may come on the scene. This might harm you later. Contact your insurance company – Just after meeting with an accident, you should never forget to contact your insurance company so that they have your side of the story. This will help you greatly to win the claim, as the other driver will have no choice but to stick to his words.

How can your personal injury lawyer aid you?

Very often, it is observed that people involved in personal injury cases do not seek any help or guidance from a personal injury lawyer. The crucial reason behind this is the fear that doing so can be too complicated and expensive. One of the main drawbacks in any personal injury case is the amount of stress and expenditure allied with filling the case and other court proceedings. Under all such circumstances, it is the personal injury lawyer who can aid you with necessary assistance. Personal injury lawyers have the capacity to completely assuage all fears and ease you off your emotional and financial stress.

Hence, if you have recently faced any kind of accident, make sure to meet a personal injury lawyer at the first instance. He/she will guide you perfectly to procure maximum compensation for all the physical, emotional and financial pain suffered by you due to the injury.

For more information visit:

Characteristics Of Reputed Accident Attorneys In Elizabeth NJ

In these challenging times, we really need to ensure that accidents are far apart from us and our family members. But, you just never know when an accident takes place in your life. There are several occasions when we are a part of an accident, mostly because of fault of others. Our normal life is turned upside down and we face a financial problem owing to loss of work and medical bills.

In such situations, you need the assistance of a person who will be able to help you out by standing up for your rights and getting the compensation that will help you get back to normal life. Compensation is nothing when it comes to the pain one has to go through. But still, compensation helps pay for the high medical bills as well as enables family members to carry out their normal lives. .

There are many characteristics of a reputed lawyer. Here they are discussed for you –

A reputed lawyer is highly educated and licensed – You can tell a lot about a person by the way he/she is educated. A lawyer is only as good as the kind of education he has received. Reputed lawyers have the best education in the industry coupled with the training they receive during their stint in the firm.

Speaking of firms, you need to know that the reputation of a firm is far more important factor when deciding a particular lawyer for the job. Now you may encounter a lawyer who heads his own law firm. In such cases, you need to check up with the reputation of the firm.

When you are meeting with the lawyer, ask him about his past clients and how has he helped them get justice. Make sure to ask them about the various cases which had proved to be challenging and how he/she overcame. Engage in a conversation. Notice how the lawyer reacts to your questions. Lawyers of repute will calmly answer your questions in a constructive manner. Others will not feel that comfortable sharing past clients. You need to know more about the company and its operation and so going online and looking through the websites.

The right kind of lawyer will be able to help you save money in the long run and ensure speedy justice. When looking for an experienced accident attorney, Elizabeth NJ residents will find the above tips to be helpful.

Accident attorney Elizabeth NJ – When looking for an experienced accident attorney, Elizabeth NJ residents can get in touch with Lord and Kobrin.

Check Whether You Are Eligible For Personal Injury Compensation Claim

Personal injury compensation is availed through a legal procedure that is designed to benefit a sufferer of an accident. In most cases, the claimant gets a monetary package as compensation. The amount differs according to several deciding factors. The injured party gets other benefits as well. Calculating compensation claims is not an easy task although. All personal injury claims come with a predefined compensation package. Before you go to the court for claiming compensation, you must ensure few things. Firstly, your claims should be 100% unquestionable. Secondly, you must collect all the evidences from the accident venue. Thirdly, you must appoint a good solicitor as the accused party is most likely to appoint someone with years of proven track records.

Determinants of Compensation Package
Several factors determine the compensation claims nature and the amount of compensation. Of these, five major factors are debriefed for your further reference:

Personal Injury: This is one of the prime and most evident factors that determines whether someone is eligible for a compensation claim or not. When you face an accident, you are most likely to get injury on your body. Though the intensity of the injury is generally measured by the physicians, the court will finally decide on how much claim amount you are entitled to.

Property Loss: An accident also results in property loss. It may be the car you were driving, the bike you rode on or simply the cloths that you were wearing at the time of accident. For replacing or repairing these properties, an injured party gets entitled to a certain compensation claim amount.

Medical disbursement: If you get serious injuries due to some accident, you have to undergo a treatment, may need a surgery and may need to hire a nurse afterwards. All these medical expenses will be included in the compensation package allotted to you.

Loss of working days: Loss of working days results in loss of income. If its not a workplace accident, your employer is not bound to give you the salary for the lost working days. Its then the accused partys responsibility to give you the exact amount lost due to your inability to go to your workplace.

Emotional Loss: Accidents cause mental disorders as well. If you lose someone close in the accident you survived from, you are most likely to go through a traumatic phase. Good personal injury compensation claim solicitors ensure that you get a compensation for emotional pain as well.

Ways to Determine a trusted Employment Attorney

When you are going through employment issues, things can get out of hand; thus, you need the services of an employment attorney. Bear in mind that not all lawyers are good to deal with cases that have something to do with employment. For beginners, you can rely on the services of a NYC employment lawyer with a good reputation. /p>

Experience and knowledge in dealing with employment related cases is the first factor that a plaintiff must consider when searching for employment lawyers. Moreover, it is quite crucial to determine if they already handled similar cases in the past. This will function as a guarantee that they can offer you strategic plans that will help you win the case because they are aware about the pitfalls they should avoid as well as the points that will serve as their edge.

State and federal laws on employment are always changing. Due to this, people should choose employment lawyers NYC who kept themselves updated with the latest amendments in employment laws. Employment lawyers must be aware of the details concerning the alterations applied in the legal system since addressing this matter can be technically tough.

Attitude is yet another thing that a complainant should consider in opting for an employment lawyer. The majority of lawyers provide free consultation for the first meeting. This is an opportunity to assess if the lawyer genuinely cares about their customer, and believes in their cause. If your employment lawyer NYC does not believe or care about your case, then be prepared as this whole proceeding could be unproductive. It is essential for a lawyer to be both skillful and have a creative mind. With these characteristics combined, there is a greater chance that they will be more proficient in taking care of your case.

Go ahead and ask questions concerning your case once you meet up with the employment lawyers. They should be able to give a clear and easy to understand explanation on the responsibilities, legal option, and rights of the plaintiff. Moreover, most NYC employment attorneys will provide you a written legal advice. The written legal advice must outline the weaknesses and strengths of the case. This way, the employee is more ready if they’re summoned in tribunals and disciplinary meetings.

Most of the time, the more complicated you case is, the longer it will take for it to be settled, and at the same time you’ll get to spend more. It is significant that the fee structure of a employment attorney is clearly stated. You can decide to select to pay your lawyer hourly or base on contingency arrangement. And if there’s still a long way before your case can be settled, it’s better to combine hourly and contingency payment. This way, it is possible for a client to pay the fees of their NYC employment attorney without depleting your financial resources.

When looking for employment lawyers firms, make it a point they’ve got a Lexcel or ISO 9001 accreditation. If a firm has such accreditation, it only shows that they are reliable when it comes to offering exceptional client care and also in meeting the highest standard in case management.

In this article on employment lawyers NYC we have touched on the basic principles. This is still the first part of everything whilst you’re collecting valuable information. In order to gain effective outcomes, you must use the info you’ve learned out of it. If you still want to more deeply know on the subject of employment attorney, simply just have a surfing time at https://www.linkedin.com/company/young-&-ma-llp.

Seth Shumaker Attorney Received Various Honors in His Legal Career

Seth Shumaker, attorney provided excellent legal services and counseling in Kirksville area for more than 20 years. He specialized in areas of criminal law, personal injury, mass torts and class action. He utilized his experience and knowledge to help clients in getting the best solutions for their legal problems. In his successful legal career, he was awarded with various honors. He received Outstanding Young Man of America in 1986. He was also a part of National Dean’s List, 1986. Seth Shumaker Kirksville Missouri was Legislative Aide to Representative Estil Fretwell, Missouri General Assembly in 1986. In 1990, he was admitted to Missouri Bar and was also admitted to Wyoming Bar. From 2000-2006, he was among Board of Directors, LaPlata State Bank, LaPlata, Missouri.

Seth Shumaker attorney had served at various capacities in the legal field. He was a tutor at American Government Classes at Northeast Missouri State University for four years. From 1987-1990, he worked as clerk at Gary Spaeth, Attorney at Law, Red Lodge, Montana. After that, he was clerk with Powell, Seitz, and Francke, Columbia, Missouri. He worked with Carrie Francke in updating Missouri Law Enforcement Handbook. In 2000, he was special prosecuting attorney with Adair County, Missouri. He had practiced law for more than two decades.

Seth Shumaker Kirksville Missouri graduated from Kirksville Senior High School, Kirksville, Missouri at 3rd position out of 182. In 1986, he graduated with a Bachelor of Science Degree in Public Administration from Northeast Missouri State University (now Truman State University), Kirksville, Missouri. He then went to University of Missouri-Columbia of Law to earn Juris Doctor in the year 1989.

A family man, Seth Shumaker attorney lives with wife, Barbara and son Reagan in Missouri. His wife, Barbara is a registered nurse at Northeast Regional Medical Center’s Heart Clinic. Whenever he finds time, he likes to play golf, collect cigars, read good books and travel.

About The Author:

Sanford Maris is a technical writer, researcher who has a passion of writing and research. He mainly spends his time to informative websites like Wikipedia and Squidoo. Nowadays, He’s writing about finance articles which are his core interest.

Legal Counsel Shenhua Shen Si is a smart player to come to this step of the reflection

The former player Shen Si, Qi Hong, Li Ming, Jiangjin and other non-national staff concern bribery cases will be 25 at 9 am in the Shenyang Intermediate People’s Court on the 8th court hearing. The four players have played for the national team, especially Shen Si and Qi Hong, was also the idols in the hearts of many fans, today’s situation can not help but sigh. The Shenhua Club Legal Adviser Liu Xuan said: “Shen Si have reached this point, really need to reflect on the place.”

Liu Xuan as years of Shenhua club legal adviser, had dealings with Shen Si, Qi Hong, and other players. Liu Xuan, recalled: “Shen Si come this far, he should seriously consider what. He is in fact a very clever, very mind of the players.” Liu Xuan’s speech is full of regret, “I have then Shen Si check book. “Liu Xuan during as the Shenhua club legal adviser, left by the club commissioned to treat a Shen Si-related things.

When Shenhua club regulations, players advertising, on the one hand, you need to inform the club, another part of the commercial proceeds to the club if I remember correctly, Panax into the player Qicheng club three percent. later, the club learned Shen Si corporate advertising carrying clubs for individual club co-operation not only did not greet with the club, should not give to the club’s share of the money. “Later, the Shenhua club, please Liu Xuan to deal with the matter Shen Si admit error, the money back out.

Qi Hong has been of a player gives the feeling of “obediently Tiger”, which also involved. Liu Xuan said: “with Qi Hong, I also have been in contact, it is a very good child, is indeed a pity that I had a coach specialized care Qi Hong, let him farther away from certain people in life, may Qi Hong did not listen, take this step, for him, perhaps a lesson, but the price is too high. ”

Under investigation for nearly two years, Shen Si has been released on bail. During this period, Shen Si will be concentrating their efforts on the Lucky Star Club, he told her friends said: “These children are the hope for the future of Chinese football, I hope to be able to teach them good.”Gucci Belts may possibly be found out in the quantity of types and styles. It could possibly be flats, ladies wellington boots, heels, sandals, or Gucci Sneakers. At any time you worth sneakers a terrific provide over any other casual Gucci UK toward target that of its intent or use

Employment Law Attorneys Help Resolving Your Workplace Issues In A Legal Manner

Every country has its own law of employment that can differ from others. For instance, the laws of UK will never be the same as that of, Switzerland. These laws are also known as labor laws as these laws are amended for the protection of employment interests or workforce. Employees are less potent and poorer class than the employer, who is considered much stronger and richer in the both. Such laws are constructed to provide fair justice to both the parties because complexities might influence any of the party. In such situations, the employment law attorneys play a very imperative role. They help both parties to understand the significance of legal terminologies.

Whenever you feel harassed at your workplace or your rights are denied in the official setup, then seeking help from lawyers would be a great idea. But make sure that you are hiring a lawyer who has gained an expertise in practicing employment laws. These lawyers will serve you as the guardians of law and protect your rights. They work cooperatively to provide clear understanding of your legal rights by offering best options. The law of employment is itself a wide arena, which comprises of all kinds of legal requirements and guidelines that should never be violated.

In case you are having issues at your workplace then there comes the need of an employment lawyer. Some situations in which you might need some legal assistance are: termination of employment, discrimination, mistreatment, etc. For example, if your employer wants to terminate your employment due to a substantial drop in performance that you are not able to improve, reaching out to attorney in such case would be highly recommended. It doesn’t matter what legal reason your employer gives, it is your duty to discuss about it with your lawyer. He will assure that the entire process is carried in a legal manner as per labor and employment law without resulting into any kind of negative influences on you.

You can face numerous employment law issues at your workplace. You might not be treated well or treated in an illegal manner. It can be in any form including unfair dismissal, contracts complications, or any other issues. A good attorney will give the best advice for resolving such issues. Even the employment discrimination issues are pretty common now-a-days. It can be either due to age, skin color, religion, gender, physical appearance, sexuality, nationality etc. And the discrimination at workplace could result into prejudice, racial tension and a stressed work environment. It is not at all a favorable situation and can negatively impact a person’s job, career as well as his or her personal life. The lawyers examine each issue carefully and help you to decide whether you should move forward for a court case or not.

Fight for your rights if you have been treated in a wrong manner since a long period of time. Seek help from attorneys who will educate you about your rights and responsibilities. If you are facing any issues like racial slurs, improper conduct or comments towards you, it is your duty to discuss your problems with the attorney if you want proper justice.

Federal Labor Law Posters And State Labor Law Posters

When developing the labor laws or making any changes in them, all the states comprises their own set of rules and laws to develop these law poster. All most all the labor law posters have two main levels which differentiate between them and both these are federal labor law posters and state labor law posters. The reason behind publishing and displaying both these law posters on the work place is just to make sure that work force is aware of their rights regarding their job and their own safety. Authorities make sure about the safety of the workers and that their rights would never been exploited by their owners while working for them by using these posters and the other safety posters and employment posters. In most of the states labor laws its compulsory for the owners to display these law posters on the work place where their labor works for them. The main purpose behind placing these posters on the work place is that to make sure that in any case the owner should not differentiate between his labor force i.e. on the issues like caste, nationality, religion etc.

If we look at the federal levels of these posters i.e. federal labor law poster implementing the set rules on the owners and mainly its purpose of being imposed is to point out the basic needs and requirements of the work force and the basic initial information like, information about their salaries and their wage criteria, their service agreements, and their hours of working in a week. The management in the company or business must provide all the initial and important information and knowledge to the work force through displaying these posters on the work place and most importantly up-dating them on regular basis so that whenever there is change in these law posters or slight amendments the posters on the work place are up to date and latest in version. Its needed because state and federal authorities every now and then make changes to these posters according their state recent laws.

We can have it in this way that whenever a company or an organization which comes under the supervision of federal government should follow the federal law posters and most important update them on regular basis, and if we apply this on states than every single state has some very compulsory set of laws implemented in the states and these laws are also compulsory to obey provincial and as well as federal government. These labor laws are most of the time mentioned in the form of state labor law posters, and without their consideration the law posters are incomplete for your organization or business. These state labor law posters hold essential guide lines and information about the labor laws of the state. If there is some conflict between federal laws and the state laws then the laws which are more beneficial and appropriate for the work force are putted in the list of the labor poster. Labor poster and some of other safety posters are the combine mixture of federal labor law posters and state labor law poster.

Posted in Law

Considerations before Hiring Amarillo Medical Malpractice Attorney

Is it always necessary to hire an attorney to handle your medical malpractice case? Even though many people will argue that it’s necessary, the truth is that you should never be on the rush to get an Amarillo medical malpractice attorney. You might come to realize later that the case you are pursuing does not warrant a lawsuit. Therefore, it is significant you make some important and serious considerations well in advance to avert such a scenario from befalling you. Beware that you must be in a position of proving beyond reasonable doubt that the doctor you are accusing committed the mistake and the mistake caused harm to you. If you can substantiate on that, be confident that seeking an attorney will be the best thing.

It is always a very difficult thing determining what medical malpractice comprises which is actually a major challenge to those seeking justice. Basically, it happens when a professional in the medical world commits an irregularity that inflicts harm to a patient. This can be through commission or omission which amounts to medical negligence. This is all that an attorney will be struggling to prove once you have hired one. Some of these things are very complex to a layman so be keen on getting a qualified and experienced attorney to handle your case. That has to be yet another vital consideration you make in selecting an Amarillo medical malpractice attorney. Don’t choose an attorney because they are many in the market but pick one who will drive your case to success.

The real damage or injury that happens to you will be the main focus of legal proceedings so never engage a lawyer without enough evidence for that. You might have a weak case but the lawyer will not inform you since he or she will be out to make money. Furthermore, the injury caused has to be well connected with negligence for you to win the case. This is a whole complex issue and seeking advice from other medical experts and close friends must be duly considered.

Enlist their help which will be critical in helping you understand the whole aspect of medical malpractice and how to go about it. A medical expert who is neutral in thinking will be able to advise you on whether the doctor is on the wrong or not and if you can pursue a legal case. Talking to friends who have had to go the same route will give you the side of their story from personal experience and making an informed decision will the best thing to get out of it. Do not die alone with your case but seek external help from people you trust.

Generally, you must be completely sure that engaging an Amarillo medical malpractice attorney will be of value and no frustrations. You might end up making the wrong choices and regret forever which you must remain cautious against during your selection. These are some of the things majorly ignored but you should not.

Resource Box Make due considerations prior to choosing an Amarillo medical malpractice attorney . Some hurried decisions always end up in frustrations but not with your selection of an attorney to handle a medical malpractice case. The Amarillo personal injury attorney http://quackenbushlawfirm.com/ you engage must do the right job and not just standing in court to fleece you money.

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!