Carta Documento -- a simple way to handle legal problems

[jantango]

I sent my first carta documento the other day. A geriatrico was illegally withholding a resident's document and stealing his pension. A friend's sister who is retired from the practice of law helped me with the letter so that it included everything necessary. http://es.wikipedia.org/wiki/Carta_documento They have to respond in a certain timeframe. This document is valid for future legal proceedings.

This is something that expats should know about to exercise their legal rights when problems arise in the course of living in Argentina. For only 53 pesos, you complete a form with your name and address (remitente), to whom it should be delivered (destinatario). You must present your valid passport at the post office when submitting a carta documento. You will date and sign all three copies. It will have an official date stamp from the post office branch. Your passport number must appear beneath your signature and printed name. The post office certifies all copies and affixes a number to your copy, just as a court assigns a number to a complaint when filed. The form costs 50 cents which you can complete at the post office or home.

Since withholding a person's ID is a crime, I also filed a denuncia at the police station (comiseria) in the same neighborhood as the geriatrico as the lawyer recommended.

 

[fifs2]

I sent my first carta documento the other day. A geriatrico was illegally withholding a resident's document and stealing his pension. A friend's sister who is retired from the practice of law helped me with the letter so that it included everything necessary. http://es.wikipedia.org/wiki/Carta_documento They have to respond in a certain timeframe. This document is valid for future legal proceedings.

This is something that expats should know about to exercise their legal rights when problems arise in the course of living in Argentina. For only 53 pesos, you complete a form with your name and address (remitente), to whom it should be delivered (destinatario). You must present your valid passport at the post office when submitting a carta documento. You will date and sign all three copies. It will have an official date stamp from the post office branch. Your passport number must appear beneath your signature and printed name. The post office certifies all copies and affixes a number to your copy, just as a court assigns a number to a complaint when filed. The form costs 50 cents which you can complete at the post office or home.

Since withholding a person's ID is a crime, I also filed a denuncia at the police station (comiseria) in the same neighborhood as the geriatrico as the lawyer recommended.

Jantango I love your post but without wanting to be a naysayer wish to express that CDs (Carta Documentos) are so common in Argentina that they are almost worthless. They are passive received documents - the police will donothing if a criminal refuses to respond to a CD within the stipulated 48 hours or more. I personally have seen how people can commit crimes, receive literally hundreds of CDs and escape the law ...the only way to redress crimes is to hire a criminal lawyer and proceeed to trial which is much more lengthy and costly than a 53 pesos CD (labor disputes notwithstanding I might add). As I say I do not wish to dimiss your post which is so worthy but want to add a touch of reality from someone who has been the victim of multiple crimes and whose only salvation came after 12+ months in the form of a criminal legal team.

 

[LuvBA]

Unfortunately fifs2 is right. The police will not act in response to the CD but they might if they decide to investigate your "denuncia" -which I doubt they would. They probably benefit from that pension too! However, the Carta Documento is the first step to pursuit legal action. If you wish to bring these people to court, you have taken the very first step. Have you thought about exposing them in the media? Write to Di Natale, Pergolini, Malnati or Togneti, all journalist/entertainers that love controversy and exposing skunk like that geriatric

 

[Davidglen77]

There are a lot of people that ignore the receipt of a carta documento. However, if you send one, remember 2 things. What you say in that carta documento will usually be replied to with a carta documento disputing and denying everything you state. The other thing is if the recipient doesn't answer you and deny what you are demanding or accusing them of, then if it goes to court you will be considered right in your accusations if you can prove them, the onerous will then be on the recipient to prove you wrong.

 

[French jurist]

It also can be helpful if you need to dispute an invoice within a certain time frame,
you get a proof that you did so at a certain date.

 

[jantango]

I am anticipating a response to my carta documento which the geriatrico probably received today. They are a mafia (Italian family by coincidence)that has been operating a geriatrico for 30 years. They are glad to receive residents without family members so they can steal pension and retirement income in addition to collecting the monthly fee of 3,400 AP per month per resident from PAMI. This is a big operation with 120 beds.

Residents and family members made me aware of serious situations in the geriatrico. I have filed a report with the Defensor del Pueblo de la Nacion and received an acknowledgement letter in three days that the alleged irregulaties in the geriatrico will be investigated. Human rights are involved in this situation.

 

[Bajo_cero2]

Carta Documentos aren't spells but they are an evidence usefull at civil Courts.

This is not a civil case, when you send a carta documento you lose the surprise effect needed for a criminal case (the judge enact a search warrant and police enforce it but the big deal about it is to suprise them, otherwise they can burn the documents).

Some comments are related to confusion. They are usefull at civil Courts and useless at Criminal Courts.

The comisaria is the worst place to start a criminal case. They usually go to the criminal and ask money to freeze the case. The proper way to do it is to go to the Federal criminal chamber that is located at the Comodoro Py Building at Retiro, close to DNM. When a foreigner is envolved you have a federal case.

The defensor del Pueblo is useless, he can enact legal opinions that are not enforzable. And he has county jurisdiction while this is a federal case.

Regards

pd: (this is not an opinion, it is a legal opinion as far as I am a local attorney)

 

[Davidglen77]

I am anticipating a response to my carta documento which the geriatrico probably received today. They are a mafia (Italian family by coincidence)that has been operating a geriatrico for 30 years. They are glad to receive residents without family members so they can steal pension and retirement income in addition to collecting the monthly fee of 3,400 AP per month per resident from PAMI. This is a big operation with 120 beds.

Residents and family members made me aware of serious situations in the geriatrico. I have filed a report with the Defensor del Pueblo de la Nacion and received an acknowledgement letter in three days that the alleged irregulaties in the geriatrico will be investigated. Human rights are involved in this situation.

If the geriatrico is inside of the Capital Federal, you should also make a denuncia to the City Government of Buenos Aires, Agencia Gubernamental de Control. You can report them on line for any irregular activity:
http://suaci.buenosaires.gob.ar/suaci/contacto

 

[jantango]

Thanks for the link. I will pursue every means to have them investigated.

The Geriatrico Nazaret is located in Balvanera at Bme. Mitre 3345. They responded by carta documento. I was able to obtain the man's ID and clothing. They didn't return all the pension funds they withdrew at the bank, but I'll have a lawyer pursue that matter. I went with another person for protection. While inside the facility, the director demanded my passport which I never carry and could only produce a photocopy. He told his sister to call the police, but they were never called. He had to flex his mafioso muscles.