Bond posting requirements for foreigners?

T

TM3

New member
Nov 21, 2002
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Hi,

I was told that there is a law that says that if the defendent in a lawsuit is Dominican, and the plaintiff is foreign, the defendant may demand that the plaintiff post a substantial bond, to cover legal expenses etc. in case the plaintiff loses.

This is supposed to be a way for the defendant to stall the case for many years by demanding an incredibly high bond against which the plaintiff would have to appeal.

My question:

Does this also apply to labor cases? If a foreign (but resident) ex-employee sues a Dominican company under the concept of "dimicion", can the company demand the posting of such a bond?

Thanks,

TM
 
Last edited:
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
A fairly recent Supreme Court decision states that a foreigner does not have to post a bond ("fianza judicatum solvi") to sue his employer. A bond is not required in labor cases.
 
G

gigi

Guest
If you are resident, you dont need to post any bond, this requirement is for forigners who have no ties in this country, so they would not file complaint and then just abandoned DR .. .

meantime the defendat would sit in jail or suffer expenses or other damages ....
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
The rule is that resident foreigners do not have to post a bond to sue while non-residents do.

However, in a recent decision, the Supreme Court declared that non-residents do not have to post a bond when they sue their employer because of the special nature of the labor courts. The case had to do with a Haitian construction worker without resident status.l
 
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