Fighting fiscal!

This has the make up to be a great thread if it stays on track! Great question!

With the experience of 3 cases when I tried to get my rights I only can recommend everybody to avoid the dominican justice system.
The oldest case start 7years ago, no verdict, its a case about 4 million peso its just lost in the system. Next case is now in the supreme court staring 4 years ago and the third I loosed against a haitian worker who stool for about 30.000 peso from me.
In Sweden we say: In court or on hight sea your in the hands of GOD.

In Dominican republic you are in the hands of bandits.

Givadogahome said:

Before you appeal anything (infact even if you know you are going to be going to court) at all people should be aware a trip to the internal investigations department can save you time, costs and heartache. They have a branch there specifically to advise foreigners of their rights, wrongs and expectations, all advise is free, but a little grease is recommended. But like anything else an introduction will always get you the best results.

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I dont agree!!! Because here it is not who is right or wrong, here it is who have the best connections and pay best. As a foreigner your chance to win a case is minimal. But maybe the tell your that when asking before you start a case.

I went to the fiscal with a complaint and had a very positive experience. I paid a crooked lawyer 42,000 pesos to do something which he did not do. I kept the receipt signed by him. I filed a complaint with the fiscal and asked for a hearing. The lawyer didn't show up. I went back to the fiscal. He told me to go to the fiscal in the capital of the Provence where I live and repeat my request. I did. This time the district attorney told me if the lawyer doesn't show up we will throw him in jail. He showed up and we made a deal . He paid me the debt, in two payments. K

I have a case going on now that may be of supreme interest in the future. It's being handled by Guzman Ariza, whom we all know, and is a total open and shut case of someone scamming money using my name and forged signature (authenticated forgery by the DR version of CSI). The first hearing we LOST! because the judge literally ignored the evidence. We're on appeal now. Let's see how it works out.

Whatever the result, I'll be posting the names of the attorneys, litigates and judges so everyone can truly assess the value of exceptional attorneys, undeniable proof and the Dominican judicial system. It should prove enlightening for many who wish to invest here...

Givadogahome said:

So, has anyone ever been to court and found that the process was not conducted correctly, for whatever reason, maybe they didn't supply a translator on request, maybe they didn't carry through the correct paperwork, got you to sign things you did not understand, maybe you were not even given a hearing yet charged and ordered with no rights? Anything you ever felt was not carried out correctly, were hard done by because you couldn't understand the system and its corrupt nature maybe, lied to, intimidated etc etc etc.

Have you ever fought the system here, and what was your outcome?

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You are living in the Caribbean and in a Spanish speaking country, how could you even suggest/demand/complain why the court did not auto supply a translator.

Investigate and search for a good trustworthy lawyer that speaks good English, before you start any legal proceedings here.... you aint on vacation here dear...

Simple as that

A respected lawyer, good financial resource and lots of time are key, not going to elaborate but we pretty much won every lawsuit thrown at us, some lasted 10 years..
In the DR it's always best to use your brain over your pride, try to settle before any lawyers are involved, take a loss to win so to say.

Fredo said:

A respected lawyer, good financial resource and lots of time are key, not going to elaborate but we pretty much won every lawsuit thrown at us, some lasted 10 years..
In the DR it's always best to use your brain over your pride, try to settle before any lawyers are involved, take a loss to win so to say.

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Congratulations Fredo, every week someone wins in the lottery, I was not that lucky. In spite of time and financial resource.Will check my brain again, checking it ones before because I could not remember why I was soo stupid to invest nearly two million US$ in this country.

Givadogahome said:

So, has anyone ever been to court and found that the process was not conducted correctly, for whatever reason, maybe they didn't supply a translator on request, maybe they didn't carry through the correct paperwork, got you to sign things you did not understand, maybe you were not even given a hearing yet charged and ordered with no rights? Anything you ever felt was not carried out correctly, were hard done by because you couldn't understand the system and its corrupt nature maybe, lied to, intimidated etc etc etc.

Have you ever fought the system here, and what was your outcome?

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My wife used the "system" to prosecute an expat, and the system worked well. He brought an interpreter.

It's no different than a non-English speaker being prosecuted in the states: if you don't understand the language or the system, you better get good help from someone who does.

I ve only been to court once to free my wife and a sister 8f hers. (long story, fight, sister stabs girl with scissors in beauty salon, missed heart by inches, preventive in campo, than pop in my car with a police man cos no car to take prisonners, weekend in jail, monday judge hearing).
Had to pay for hearing orelse 2 weeks wait ( cheap like 500 pesos for the clerk to put names on top of list), we have 2licenciado friends who helped us for free, rhey travelled from santiago during the night ( see some dominicans can be real friends).
judge hears parties, 3 of them, us, victim, salon owner( it got trashed in the process).
Lawyer comes out to see me, cos of course I m in waiting room cos price wiil go up if judge sees ure a gringo.
Lawyer ask if I m wiiling to pay or if I prefer "normal way".we hadvto leave the dr a week later ao I ll pay.
Lawyer lent me money ( cos I had none left). 12 000 pesos total. victim got told to quit complaining for nothing, salon owner to choose better personnel. we had 2 sign local police register once a month for a year( 1000 pesos took care of that), got wished a safe journey and they thanked us........

Hope it served lesson to my wife ( who just happened to be with sister), lesson learned salon lady( I went to see here next day and told her if she hadnt sided with "victim" I would have paid for damage even if judge said no), lesson learned for me ( our lady lawyer is a true friend)

PS they have a thing here called papaer of good conduct( or somethjng like that) the syndico in ure village produces it if ure a law abiding citizen. He was the ex chulo of victimand spoke ul in our defense( very good of him),

The victim was knowing for husband stealing, that was the problem with sister in law.
So experience in dr system, very corrupt, but it worked in my favour so I shouldnt complain....