Do I Need Motor Legal Protection Cover (on my car insurance)

If you’re in an accident that was not your fault, the cost of getting your car repaired is not the only expense that you’ll face. There are numerous additional costs that you might need to consider, such as the cost of phone calls to deal with claims and the financial impact of any essential time off work. These miscellaneous expenses are the ones that are covered by motor legal protection.

What are the benefits from having motor legal protection?

The recovery of costs including (but not exclusively): -Vehicle repair and recovery -Personal injury -Hire vehicle (often unlimited) -Loss of earnings -Policy excess -Medical bills -Legal expenses

Is motor legal protection a legal requirement?

Drivers are not legally required to have motor legal protection, and in fact, a large number of drivers do not have the cover. However, it can be extremely beneficial to invest in motor legal protection to fully shield oneself from all motor-related eventualities.

Consider the following scenario:

Mrs. Davies stops her car at a set of traffic lights. Another car, going too fast, drives into the back of her. The rear of Mrs. Davies’ car is badly damaged and she is injured. Mr. Barnes, the man driving the other car, is at fault. While his insurance will pay for the damage to Mrs. Davies’ car, there are many other expenses that Mrs. Davies will incur. For example she is forced to pay out for the car-towing fees, a hire car until her car is fixed and a considerable policy excess on her car. Her injuries necessitate a visit to the doctor and because she is self-employed, this causes her to lose half a day’s earnings. Mrs. Davies has not got motor legal protection. Uncertain if she is permitted to claim back these expenses and daunted by the prospect of chasing up her claims, she decides not to claim and is left out-of-pocket.

In the above scenario, if Mrs. Davies had motor legal protection she would have felt reassured in knowing that a legal professional would have chased her claims on her behalf, and that her expenses would have been reimbursed, hassle-free.

Why do some people choose not to buy motor legal protection?

Market research suggests that the main reason people do not buy motor legal protection is because they feel it is too expensive, an unnecessary expense that can be spared. This view is somewhat paradoxical considering the amount of money typically paid out by the non-fault party in an accident. Granted, some motor legal protection polices can be unnecessarily expensive with high-commission pushing up the prices. However, if people are prepared to shop around, there are some extremely competitive high-quality, low-cost packages available on the market.

What if you don’t have motor legal protection?

Everybody is entitled to claim back any uninsured losses; however this tends to require a lot of effort. You would personally have deal with every single aspect of your claim and although achievable, it would necessitate a lot of time, patience and determination. The benefit of having motor legal protection makes the process of getting back to the position you were prior to the accident relatively hassle-free. It will make life easier for you as a driver, providing important peace of mind in knowing that your uninsured losses will be recovered in an accident that was not your fault.

Will your insurer sell you motor legal protection?

They may try! Many insurers offer motor legal protection as an optional extra, often under another name such as uninsured loss recovery or legal expenses insurance. It is important to realise that you are not obligated to take them up on their offer. In fact, you’re likely to find that even if you want motor legal protection cover it is cheaper to buy it elsewhere, since most insurance companies charge a premium to add it to your insurance.

It can be easy to see motor legal protection cover as one more unnecessary expense, but the benefits certainly outweigh the cost. To find out more about Motor Legal Protection Cover, visit: https://www.bestpricefs.co.uk/motor-legal-protection

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Know Updated Immigration Rules before Applying for the UK Visa

Relocating or shifting permanently from one city to another or from one state to another state is not any illegal issue as you can move their without any legal or documentation formality. What all you need (in certain conditions to show for identification) is your identity card or any other documentation for indemnification. Moreover, things become different when it comes to move from one nation to another. In that case, legal documentation according to the immigration rules of the country is first step that is required to be fulfilled. In other words, valid passport, visa (depend on the type of entry) and other legal documents are vital to enter to a new country.

If you are planning to relocate in the UK or you are the Citizen of British or have Right of Abode, you can be the sponsor of visa for your spouse, grandparents, relatives, fianc/fiance or parents. In addition, you can also apply for visa (in different terms) to enter the UK. The different forms include visiting the UK, studying the UK, working in the UK, settling in the UK and other conditions. It depends on current citizenship/nationality, there are array of ways of applying for visa. However, before applying for visa, it is also necessary to go through the immigration rules in the UK as they are getting updated with some vital changes.

In order to make the entire process easy and hassle-free, it is also important to contact experienced immigration solicitors. As far as the selection of immigration solicitors or advisers is concerned, you should hire professionals are approved and registered by OISC or Office of the Immigration Services Commissioner. Today, there are a number of acclaimed law and solicitor firms that have come up with experienced and OISC qualified immigration solicitors in the UK. The main motive of these professionals is to provide you the best services with easy and legal visa documentation so that you can enter the UK in a legal way.

Experienced solicitors of an acclaimed firm also help those whose visa time has been expired or those who are living in the UK illegally. Experienced solicitors also provide you with the updated and latest UK immigration news so that you can know the necessary changes and other immigration updates. Find the right immigration service firm and get legal UK entry right. No matter what kind of visa application is in process, you will get the best legal assistance.

Quick Devices In Legal Transcription Home Jobs And A Close Look

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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.

The Impact of the Proposed Legal Aid Changes

Justice Secretary Ken Clarke has been laying out proposals for changes in legal aid that will limit the types of cases where legal aid is available, therefore savings significant costs. Currently over 2 billion a year is spent on legal aid in the UK, an amount that is more than ten times that of France. Areas where legal aid will no longer be available will include claims against hospitals, doctors and schools, immigration, benefit and employment disputes and family law cases. Also in the proposals is that fees for legal aid solicitors will be cut by 10%. It is being seen by supporters as removing legal aid where it is being wasted but keeping it where it is really seen as necessary, while critics say that it will mean the poorest members of society will in some cases be unable to get justice.

So, what will be the impact of these changes should they go ahead?

One area of law that has significantly increased over the last decade is no-win no-fee suits. Currently the costs, and therefore solicitors fees, are recovered from the losing side. This is something that will no longer be possible.

In most cases legal aid will no longer be available in cases against public institutions such as doctors, hospitals and schools. Cases that will be affected will include those seeking legal action after medical mistakes. With regard to schools it is likely to limit the number of accident claims and appeals against school entrance. Some would argue that not being able to take legal action for genuine accidents is a good thing while other say it means that institutions will no longer be held responsible for a lack of care.

Family Law is seen as an area that will be impacted most by these proposed changes. Half of the total money saved will happen in the area of family law alone. Legal aid will still be available in cases that involve domestic violence, forced marriage and child abduction, but in a relatively straight forward case it will not be the case.

In general it is expected that the number of so called minor legal disputes will be less commonplace. This is something supporters see as a major plus points, on top of the obvious fact that it will save public money. The changes may put to an end (to an extent anyway) the increasing culture of looking for blame to profit from unfortunate situations, such as minor accidents. Some see certain cases as people taking advantage of legal aid where they would not pursue the case if they had to pay for it themselves, even if they could afford to. This will therefore reduce unnecessary legal action.

There are, of course, potential problems. Some are worried that the less well off will suffer unfairly, that there will be situations where people will not get justice where someone better off, and able to afford legal advice themselves, will be able to carry a case forward. It could also lead to irresponsibility with businesses, organisations and individuals held less responsible for their actions.

Andrew Marshall (c)

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.

Canada Immigration Consultant In Hyderabad

Immigration can be described as an act allows a foreigner to access the territory of overseas nations frequently and settle there permanently. The purpose of immigration can be different entirely depends on the intended applicants personal goal. However, they all have a common desire to get permanent residence in a foreign country. Meanwhile, the complication in immigration process certainly cant be ignored while explaining it one must be well aware of entire process to overcome this.

Planning for Canada immigration is often described as a great effort but, it is also need to be kept in mind that the country grants immigration visa only a limited number of people who successfully qualify the arduous eligibility criteria and capable of providing all the required documents. Those who are residing in Hyderabad, known for lavishing life and mouth watering meals, can reduce their stress at some extents by getting in touch with various immigration experts, while sucking into a stringent immigration work out. The Canada Immigration Consultant in Hyderabad is well identified for their quality of services at affordable costs.

The immigration experts in Hyderabad are known for providing the best assistance in choosing the right visa that suits clients work profile by focusing on various opportunities related to their occupation available in the country. Established a great goodwill in the market for catering desires of getting permanent resident in foreign countries of aspirants, the Canada Immigration Consultant in Hyderabad gave a reason to people to expand their horizon and dream more.

Being a great highlight of Immigration Consultant in Hyderabad, Abhinav, a well established name in immigration service, is one among a large number of immigration consultancies claimed immense success in fulfilling the desire of customers by making their task of obtaining immigration visa successful. Serving customers with full assurance of getting positive outcome is something projected as a great aspect of Abhinavs immigration service that allows clients to go through lots of immigration options in terms of countries like Australia, Canada, Denmark, UK, USA, Lithuania, Latvia and many more.

Ventured into the Immigration business in 1994, Abhinav tops in reliability and credited for offering immense success to the customers by offering the best solution. Apart from being the best Immigration Consultancy in Hyderabad, Abhinav established its branches in various other cities like Delhi, Mumbai, Pune and Bangalore, and highlighted success as a tradition of the consultancy.

Run by Mr. Ajay Sharma, identified as a Principle Immigration Consultant, Abhinav earned expertise in understanding the world of its clients and offers the best possible service by knowing their needs at reasonable costs. Moreover, those who are not able to decide which country will be the best destination or which visa program will be the most suitable for them, Abhinav serves them passionately by offering plethora of options unless they choose the best suitable option.

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.

Choose Best Immigration Consultants

UK attracts people from all over the world to settle and work. It is renowned for having one of the world”s recognised financial centres resulting in skilled workers in large numbers migrating every year to UK. UK follow a points based system to assess their eligibility to obtain a visa to work and settle. This system comprises a series of formalities to be taken care of and presentation of various documents. The process can be very complex hence; it is beneficial to take services of some Immigration Consultants UK while thinking of migrating to UK.

Opulentus Overseas Careers is one such Immigration Consultants UK which assists clients in getting visa to UK. The consultant is expert in processing varied visas like study, work, and dependent visas for UK. Opulentus never had a rejection from British High Commission, UK hence; is regarded as number 1 UK Immigration Services It is the only Immigration Consultants UK which first determines eligibility of client and then takes the case. In case a client is found non eligible for UK visa, the case is not taken by Opulentus.

The consultant has all the required resources which can be useful for a client when going through the visa process. Its counsellors are experts in handling immigration process of UK. This is mainly because these consultants have themselves lived in UK and hence know every knick knacks about the UK visa process. Opulentus makes sure that a right visa is guided to client for UK. For this, its counsellors study the profile of client thoroughly and then suggest a visa, keeping client”s preference in consideration. Opulentus is rare Immigration Consultants UK which keeps client”s preference above all other factors.

In addition to basic visa processing services Opulentus is also renowned for providing other value added services like airport pick-up, accommodation assistance etc which make relocating to UK easier for client. So a client need not worry about aspects like where to live, how to reach etc. Also, the job assistance services of Opulentus market the client”s resume to job consultants all over UK, helping the client get a job easily and early. It is the only Immigration Consultants UK whose job assistance services have proven useful to many people and today they are happily working in UK.

Register for Opulentus Overseas Careers” free evaluation and know whether you are eligible to migrate to UK or not. Your points will be calculated and based upon your eligibility a visa will be suggested to you. Opulentus is World”s Super Visa Specialist and most trusted Immigration Consultants UK. It has presence in US, UK and India.

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!