Suing in Arg.

[JG]

Hi, im about to sue several people here in buenos aires, including one of my neighbors. i would like to know if anyone, or anyone you might know, has a good civil attorney to recommend. English speaking isnt essential.
Also, i really want to talk to some people who have sued in argentina. i dont want to know private details, but just how the system worked. what it was like?
the legal system as many of you know if quite different here. for example, no right to trial by jury. in fact, no right to even see judge face to face. no oral trials up until recently. quite different system.
any attorney names you can give me id be grateful. thanks, jerry

 

lol, i just have to ask why?

I don´t know about the legal system here, I am apt to think that people do not go through the process of suing each other very often, in fact I would think that most people would rather avoid any legal altercations whatsoever and settle any greivances without going to court.

 

The argentine legal system is based in the continental european/ spanish law, with some influence of the french civil principies. So it is inquisitive (No trial by jury, thank God). Despite its slugginess, there are lot of trials going on.

 

[JG]

well i disagree with the guest poster about trial by jury. appearing before a judge face to face in a room full of people watching, is so reassuring. and having a right to a speedy trial. well, just having rights would be welcome. doing it all behind closed doors, playing with paper at the judges mercy, well is scary.
anyway, in my case, all i need is a civil attorney. i think i have a case and want to sue. does anyone have any attorneys to recommend? thanks, jerry

 

I have contact with many well known and very well reputed lawyers in Buenos Aires I could introduce to you.

Please e-mail privatly at [email protected]

Carmen

 

My experience has been that honest lawyers, especially when recommended by a client/friend, seldom charge for consultations. $300 pesos is quite a lot for a consultation. This would seem to be a price for foreigners. The legal system in Argentina is very slow and fraught with corruption. In some areas, however, you may have success. Labor law, for example, is strongly in favor of the employee. The kind of capricious cases that abound in the US are virtually unheard of in Argentina. What is the nature of your lawsuit? It would help to know to get a sense of whether you have any chance of success or will face yerars of delays and frustrations.

 

[JG]

well im reluctant to discuss case on this site. but to give you an idea, the people i want to sue are 2 of my neighbors and the building administrator for all of the trouble they caused me. And if its possible, i want to sue the federal govt. who got involved in this and well, just made things worse. jerry

 

[AlexD]

You know... you really need to go back to where ever it is that you came from with this suing bullshit. This isn't the states you can't just go around suing everybody because you think you have the right to. People like you really get on my nerves.

 

[BAJoe]

JG
I`m American living in BA (forever it seems), and believe you me, if it were possible I`d sue the whole damn lot, starting right from "el Presidente" all the way down!!.. even the former leaders!! But take it from me, all you need for you to gracefully forget the idea, is to walk into ANY "tribunales" building, and into any open "juzgado or secretaria"office inside. No one will stop you. After you wait your turn in line like all the other junior lawyers, you can ask for any file or "expediente" no questions asked. It helps to wear a suit so you don`t stand out. Or just peer over the files others are paging through. I never did this until I had to file suit, so take my word for it, when you see all those stacks of folders, with absolutely no organization what-so-ever, it makes you think the movie Brazil should be renamed to: Argentina!! A day trip like that is an eye-opener for any anglo fantasizing about "justice" in latin america.
Suing your neighbors will never get them to change into civilized beings, your best bet is to move out into a totally independent house and insult them as you leave, but try not to offend them too early. Beware that as long as you still live there, have possesions, pets, etc. you`re in their hands! Right on this same website, they posted a recent case of an innocent dog that died after being burned by a neighbor just because it was crossing over to sniff their dog. I have neighbors cats coming in to my patios to check out mine, but I would never dream of harming them. What keeps me from suing my buildings` cynic and lunatic "encargado", is that he could drop poisoned food at my kitties from the top of the building just for spite. Or start a fire under my door when he knows I`m away for a few days. I KNOW they are capable just about of ANYTHING so the best for you is to do as I say: forget it or move out! However previous suggestions are all very true, especially arbitration (mediacion) which is actually COMPULSORY in the Capital, before initiating certain civil and commercial complaints.
Joe

 

[JG]

I spent thousands and thousands of dollars due to the actions of these neighbors. back home, they would have to pay for their reckless actions. We are held responsible back home. not here. it seems you can get away with anything without fear. even when there is some attempt at justice, it grinds, grinds soooooo slowly that it serves as no deterent or punishment at all. And, on a slightly different topic, most of the people in my 2 building unit are just horrible people. just aweful human beings who seem to enjoy their cruelty. guess i just had bad luck. yes, im going to have to move for my own well being. we just finished arbitration (their attorney threatened to punch my lawyer in front of everyone) and now i will decide if i risk going to court. if i lose i must pay all their legal expenses. of course, the reason im suing is i want THEM to pay for all the expenses i put out previously due to their childish and irresponsible actions. But being natives, they knew they could get away with it.