Legal Question

[fred mertz]

I'm wondering if anyone knows if there is a statute of limitations to file a civil suit in Buenos Aires? A neighbor of mine is planning to sue me for alleged water damage that she cliaims that I caused.............7 and a half years ago.

Is it possible for someone to defend themselves in a civil case in a BA court of law? I could never deal with a lawyer; been there, done that. "Mommy, what's a shyster?".

 

[ElQueso]

I thought there was a 2 year limit - that what I was told by the cops who took our statements related to a car wreck I was in over suing for damages. But then again, I thought the law on immigrations looking at antecedents was limited to five years and the courts held up my residency process for more than a year because of a youthful indiscretion in 1982...so you never know.

7 1/2 years seems an awfully long time to prove anything, particularly with water damages. As far as defending yourself - I wouldn't dream of it even though I wouldn't trust the lawyer necessarily either.

 

[camino no tomado]

If you believe that all members of a given profession are out to get you, that will assuredly be your experience.

 

[ElQueso]

Just because one is paranoid doesn't mean one doesn't have reasons to be so...

Personally, I'm not worried about them being out to get me, as much as being worried about their competency. By the same token, I wouldn't dream of representing myself in a legal situation here because I'd be worried about the connections the other lawyer has. While I'm worried about the connections (or lack thereof) that mine has.

Just like I don't think that all electro-domestic service providers are out to get me - and yet I've never had a successful experience with them here, either...just had to buy a new refrigerator after 6 years with the "old" one - it was "repaired" 3 times over those 6 years for a total of $6000 pesos (could have bought a new one!!!!) and every time they all followed the same procedure: 1) replace control board and leave for a couple of days while the refrigerator cools (or doesn't) 2) when that fails take the refrigerator apart again and change something else. Come back in a few days when that doesn't work and repeat for the next three months until something triggers a success. This with three different companies, all referred to me by someone.

Or, as with my sister-in-law who was fired from her job because she was pregnant (fired the day after she notified them!). I'm not saying her lawyer is incompetent now, but the first two certainly were. And still took two years to have a hearing (not discovery and such, and after remediation) and still waiting for the verdict...

I don't blame Fred for being skittish about lawyers here, but can't go to court without one in my opinion.

 

[Joe]

Fred, that's incredible! Seven and a half years later!

Did you let the bath tub overflow and the water stains below are only now appearing?

How does she know that you let the bathtub overflow seven and half years ago and not five? Very strange!

I'd recommend seeking counsel from President Clinton's lawyer since he has experience contesting old stains.

 

[Davidglen77]

All civil cases have to go to mediation prior to going to court by law. So if she files against you, she will be assigned a mediator and it's a very simple and easy process. If you lose the mediation you will have to pay the mediation costs which are around $1000 pesos plus the amount you agree to. There are ways of not having to pay for a mediator, ask at your local CGP. No lawyers necessary, but if your neighbor brings a lawyer to the mediation and you lose, you will have to pay the lawyer's fees as well. Go to your local CGP or fiscalía and they will tell you how it works. In terms of statute of limitations, that I am not sure about. In legal terms in Argentina, it's known as "plazo de prescripción". If you come to an agreement in mediation and don't pay her the judgment, only then can she sue you. It will take a minimum of 5 years to be settled. Good luck.

 

[GS_Dirtboy]

Do you really want to go to court here and defend yourself just because you had a bad experience with a lawyer in the past? Why don't you just pay that lady what she's asking for now and save yourself the all the time, effort, and embarrassment of the court proceedings?

 

[fred mertz]

I wish that I could tell my story in this small space, but it's not possible; just too complicated and insane. I think that it would make a great movie.

 

[Joe]

I wish that I could tell my story in this small space, but it's not possible; just too complicated and insane. I think that it would make a great movie.

This is how I imagine your downstairs's neighbor's apartment:

Maybe we could call the movie The Poseidon Adventure.

 

[ElQueso]

I have a friend who has a house in the city. One day he started getting horrible water stains along one wall in the entryway to the house. He checked all of his pipes, seams, etc, couldn't find the leak. He asked the consortium rep in the building next to him if they had a problem and they said no. About a week later the consortium in the building to the side noticed they had a problem and started telling my buddy he had to fix his problem and pay to have their property fixed. He could find nothing wrong, had plumbers come out who said at best it was a joint problem with drainage coming down from the roof in pipes, but they couldn't find anything on his side at all. The consortium in the building next door refused to do anything on their side.

About a month before, the consortium had made some changes to the face of the building and the awning over the kiosco that takes up half of the ground floor. Turned out the workers had drilled near some piping and had scored the pipes or something and it was the other building that was leaking.

It took about 4 months for the other building to do anything, after my buddy was taken to mediation in preparation for getting sued, and the mediation included them having to inspect their building.

They have yet to apologize for the attitude, much less pay for the damage my friend suffered. He just took care of it, not wanting to get into things with them and chalked the experience up to knowing more about his neighbors.

I'd probably believe just about anything you had to say on this, Fred But if you get taken into some proceedings, you really ought to have a lawyer represent you.