Dra Guzman
Your advice would be most appreciated.
Recently a foreigner in Sosua ended his relationship with his Dominican girlfriend.
Last week on Monday he was served with a summons alleging violence, physical and mental abuse and was asking for a substantial amount in compensation. The allegations were simply not true.
The summons requested his attendance in court in Puerto Plata the following Friday, 4 days later.
The foreigner hired Guzman Ariza in Sosua and duly went to court where the case was dismissed by the judge as a meritless action.
The foreigner incurred significant legal costs and lost income in the preparation of his defence, plus of course the stress and worry of the case itself.
Whilst this was obviously a last chance money grab from the ex-partner I have heard of many similar cases in recent years.
My questions are, is there anything that a foreigner, or anyone really, can do to possibly pre-empt this type of action by a money grabbing or desparate ex-partners?
For example is it possible to have an affidavit drawn up to be signed by both parties that clearly states that within a given time period there was no violence or abuse? Thereby creating a clear history.
Is it better to settle these type cases before the court appearance even when the defendant has done nothing as alleged?
Is it better to retain legal counsel and fight the case? I presume that onus of proof would be on the plaintiff and as such would have to provide medical records, photos, police reports etc.
Do you have any information from the courts as to the number of plaintiffs that prevail?
Obviously I am aware that each case may well have different circumstances.
Your advice would be most appreciated.
Recently a foreigner in Sosua ended his relationship with his Dominican girlfriend.
Last week on Monday he was served with a summons alleging violence, physical and mental abuse and was asking for a substantial amount in compensation. The allegations were simply not true.
The summons requested his attendance in court in Puerto Plata the following Friday, 4 days later.
The foreigner hired Guzman Ariza in Sosua and duly went to court where the case was dismissed by the judge as a meritless action.
The foreigner incurred significant legal costs and lost income in the preparation of his defence, plus of course the stress and worry of the case itself.
Whilst this was obviously a last chance money grab from the ex-partner I have heard of many similar cases in recent years.
My questions are, is there anything that a foreigner, or anyone really, can do to possibly pre-empt this type of action by a money grabbing or desparate ex-partners?
For example is it possible to have an affidavit drawn up to be signed by both parties that clearly states that within a given time period there was no violence or abuse? Thereby creating a clear history.
Is it better to settle these type cases before the court appearance even when the defendant has done nothing as alleged?
Is it better to retain legal counsel and fight the case? I presume that onus of proof would be on the plaintiff and as such would have to provide medical records, photos, police reports etc.
Do you have any information from the courts as to the number of plaintiffs that prevail?
Obviously I am aware that each case may well have different circumstances.