Judgement won what should I do next

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19 Jul 2009 00:00 by Jayzee Star rating. 2 posts Send private message

My Lawyer sent me an email on Friday telling me that I we have received a judgement in my favour in the matter gainst my developer.

Apparently the sentence grants me a refund of all monies paid plus legal interest. However the judge has not awarded me interest and legal costs.

I now have to decide on appealing, defending an appeal or possibly executing the judgement provisionally. The appeal needs to be lodged on 21-7-09 which seems very short.

I need to discuss this with my lawyer tomorrow and would like some independent guidance first - this whole experience is very distressing and I am certain my lawyer Is doing a good job but I want to consider my options before I speak to him.

Any advice please?





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19 Jul 2009 19:34 by alamred Star rating. 259 posts Send private message

take your money, bank it, ensure it cleazrs, then sue the bastards





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19 Jul 2009 19:47 by Jayzee Star rating. 2 posts Send private message

Thanks for the encouragement.

I am told in the email that I can try for my money back now, not sure what action is required, how does this work with an appeal pending - if they decide to appeal.





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20 Jul 2009 09:57 by mariadecastro Star rating in Algeciras (Cadiz). 8057 posts Send private message

mariadecastro´s avatar

Hello Jayzee:

Some comments below in bold green ( same text as your email):

My Lawyer sent me an email on Friday telling me that I we have received a judgement in my favour in the matter gainst my developer.

Apparently the sentence grants me a refund of all monies paid plus legal interest. However the judge has not awarded me interest  (yes, if there is legal interests being paid back) and legal costs.

I now have to decide on appealing, defending an appeal or possibly executing the judgement provisionally. The appeal needs to be lodged on 21-7-09 which seems very short.  If you have won, what would you be appealing about? Legal costs? HAve they appealed? If this is the case, you need to answer the appealing and in this case if legal interests have not been added, you can ask for them.

Regarding the paying, even if the appeal, you can ask for a provisional enforcement of the Court decission. The judge will decide on you being paid even if an appeal is pending but, you are not allowed to use that money till the appeal decission is issued.

Hope this clarifies!

I need to discuss this with my lawyer tomorrow and would like some independent guidance first - this whole experience is very distressing and I am certain my lawyer Is doing a good job but I want to consider my options before I speak to him.

Any advice please?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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