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!

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.

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

How to File an Auto Accident Claim

By following road traffic rules auto accidents can be prevented but since many people do not follow these rules, it cannot be guaranteed that road accidents wont occur. If you have suffered injuries while on the road due to no fault of your own then by the UK law you are eligible to file an auto accident claim. This article will elaborate on the various steps to file an auto accident claim so that you can get best compensation.

After a road accident occurs the first thing that the victim should do is to alert the police or local law officials that an accident on the road has occurred. After this call has been made the victim should then call an ambulance if he or the other person has been injured. When the police officials arrive at the scene of the accident they will take down a few details and file an official police report that will act as proof of the accident which is needed to file an auto accident claim. It is important not to lose patience while talking to the police since this can lead to problems down the road.

The next step is to contact your own health insurance provider to alert them that an accident has occurred. If your accident has been damaged due to the accident then you will also need to contact your auto insurance company. The insurance companies will take down brief details of the accident when you call them and they will get back to you within 2 days.

The third step is to visit a general practitioner to ensure that you have not suffered internal injuries. Since whiplash injuries are not noticed immediately it is always advised to note down any physical symptoms you notice and to visit the doctor when you notice a new symptom. While you are at the doctors office you should inform the doctor about how the accident occurred so that he can enter relevant details into your medical report. This will act as additional proof that a road accident occurred and as a result you are injured.

The final and most important step to file an auto accident claim is to find a personal injury lawyer to help you with your claim. Your personal injury lawyer will help you understand the various rules of filing a claim and he will also provide you with legal help. Your injury solicitor will also follow up with the insurance companies, represent you in court and talk to an adjuster if needed. Since most injury solicitors do not charge a fee for their service you do not have to worry about legal expenses. However, you should confirm with the lawyer that you have chosen that he provides no obligatory and no win no fee services.

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!

Personal Injury Claims – How Much Is My Injury Compensation Claim Worth

Valuing personal injury claims depends on the accident victims individual circumstances. An injury compensation claim comprises:-

(1)GENERAL DAMAGES for the pain and suffering caused by the injury and any treatment

(2)SPECIAL DAMAGES to reimburse financial losses incurred or expenses paid

Claims solicitors aim to recover full compensation for their clients and can normally offer a free service.

It is important to remember that to receive personal injury compensation the accident victims opponent must be found to be either partly or fully responsible for the accident and injury. There will always be situations where no-one is at fault, when no compensation will be awarded.

GENERAL DAMAGES

This depends on the type of injury suffered, how long it will take to recover and whether there will be any lasting effects.

An injury compensation claim can also include damages for any loss of amenity, ie the extent to which life has been affected by the accident. For example, when a keen golfer suffers an accident and cannot play because of their injury, even if only for a short time.

Typical awards made in personal injury claims:-

Broken arm/leg – 4,000 to 11,000
Broken ribs – 1,750 to 2,750
Broken finger/toe – 1,600 to 3,000
Broken nose – 1,400 to 2,250
Whiplash – 1,250 to 8,500

Claims solicitors will arrange for the injured person to be examined by a medical consultant, who prepares a report detailing the injuries. This enables the true value of the injury compensation claim to be assessed.

SPECIAL DAMAGES

Examples of items that can be claimed include:-

a)Lost earnings – including wages already lost and, if appropriate, anticipated future lost wages. Future losses take into account pay increases, promotion prospects and other benefits (eg pension) that would have been enjoyed if the accident had not happened.

b)Travelling expenses – including visits to GP, hospital or other practitioner providing treatment.

c)Medical and care expenses – including prescription charges, non-prescription items (eg pain killers, creams, bandages, etc), privately paid physiotherapy or other treatment, the care and assistance provided by a private agency or by family and friends (eg helping with personal hygiene, cooking, cleaning, shopping, gardening, etc).

There are many items of loss or expenditure that can be included in an injury compensation claim, but they must be as a direct result of the accident and ideally evidenced by invoices or receipts.

Payment of Compensation

For personal injury claims where liability for the accident is admitted and all elements of the compensation are agreed with the opponents insurers, payment is usually made within 14 days of agreement being reached.

If the injury is severe and the long term prognosis is unclear, claims solicitors should be able to negotiate an upfront payment for part of the full value of the injury compensation claim, to help the injured person meet their financial obligations while recovering.

More Details about Personal Injury Claims go to www.hinchliffes.co.uk

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.