lawyer CO has left 122 comments
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lawyer CO comments on DOMESTIC WORKERS AND COLOMBIAN LAW yes, i agree with aracne...for example a maid whose contract is for 1 year, has the right to receive interests to her cesantias plus liquidation of other benefits at the end. In example..if she got hired in january with a contract until december, she has the right to be covered in 1.health, pension and risks for the term of contract. 2. receive work clothes 2 sets per year normally is every 3-4 months . that´s discretion of the employeer..sometimes the maid has her own. 3. salary Now, how to pay if she works only some days...all the expenses must be divided and paid according to the time. quite difficult but mandatory Esteban
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lawyer CO comments on Power of Attorney to open a bank account i agree with all...no cedula..no bank account but it is good to check in the bank direclty..at least in bancolombia they scan your cedula. Esteban Rada colombian lawyer
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lawyer CO comments on PBH unreachable from Medellin UNE UNE has been a trouble this week...almost all poblado went off on wednesday...
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lawyer CO comments on Safety in Medellin the san antonio park is known among medellin people as a place where is common to get robbed..specially wallets, cellphones and small change....so...is like " dar papaya" Esteban lawyer CO
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lawyer CO comments on ANNULMENT OF A CIVIL MARRIAGE IN COLOMBIA For example, the civil judge can performe weddings but you go and get married but with a criminal judge. The criminal judge is an authority but he is not allow to marry people Esteban Rada lawyer
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lawyer CO comments on Banks and bank accounts the problem here is divided into 3 aspects: 1. without the original cedula ( final) not even colombians can open a bank account. If foreign or colombia gets a banl account it get closed in the few months when they notice their mistake. 2. The residence: it means for tax law that you have to live more than 6 months in Colombia and only is possible with a visa and cedula. 3. screw transaction: that`s why you have to hire a good lawyer so he can do all the process and bother the bank until the fill the form you want. the rule is once we have your money, we dont care about you...but a lawsuit can be useful sometimes. Esteban Rada lawyer email: lawyerscolombia at yahoo.com
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lawyer CO comments on Another one bites the dust.... well....if what he wants is a fight , being you, i would look for an annulment due to is similar to the divorce but eliminates the link and puts you back as single. Tomorrow i will publish an article about it. Knowing the facts you should prepare to trial !. Esteban
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lawyer CO comments on Another one bites the dust.... same story always.....now...i dont know why the attorney did not fill in the papers quick. FOR JONAS: PETITION FOR DIVORCE CAN BE DONE ONLY BY A LAWYER ! the question is : if the divorce still mutual? 2. Where was the last place you lived togheter? 3. If he is asking for alimony? 4. which was the last time you saw him? in my experience dealing with this type of cases, well a hard talk can do a lot Esteban Rada colombian lawyer email: lawyerscolombia at yahoo.com
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lawyer CO comments on Visa needed to buy property in Colombia? sounds like a good idea, i will check where the super has that rule and post it on the blog.
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lawyer CO comments on Visa needed to buy property in Colombia? well...the superintendencia of finances has ruled that opening bank accounts in Colombia requested the colombian cedula or the final cedula of extranjeria. In case banks do the opposite, a large fine can be impossed to the bank and the account must be closed. Of course this is Colombia so everything can happen if you have the connection
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lawyer CO comments on Visa needed to buy property in Colombia? if the woman doesnt have a bank account in Colombia and she doesnt want to transfer the price of the asset directly to the seller´s account without the signature of the contract, she must get a visa and cedula to open a bank account under her name. This is a issue that has been discussed here several times...finally it´s an act of faith if she decides to buy and pay before going to the notary. however, expeses muts be done as ELK and GATOR have said...travelling to Bogota...hotel...food.... I have heard the lawyers in Panama charge up to 3000 dollars for the visa. Now, this woman has the option to hire or not hire.
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lawyer CO comments on When to lend a helping hand? the thing here is that in many cases, the police had blamed the person who helped out the injured so when they took them to hospital...you, who assisted them..must pay the initial treatment plus there has been situations where all this accident is a fake and they want to steal your car. Esteban R. lawyer
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lawyer CO comments on Buying an apartment yes..be careful...you are doing the wrong way....i can see a huge penalty coming.... Esteban R. lawyer email: lawyerscolombia at yahoo.com
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lawyer CO comments on i am in Medellin....well in your case i have several ways to handle the situation but i would like to talk to you in person because i have to know how advanced things are. problems like Gator says.... 1. taxes....transfering to someone`s the assets generates taxes and cost of notaries so...not good optionat the beggining 2. property: transfering means you loose the right on the asset..it is a risk even if you trust your brother 3. common law marriage: Careful.....NEW DECISION OF THE SUPREME COURT have made more strict the regimen of this type of marriage. send me a email so we can talk and discuss your case Esteban Rada Lawyer email: lawyerscolombia at yahoo.com
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lawyer CO comments on Best way to wire transfer $35,000 from U.S. to Colombia? I agree with Gator...now i am representing several foreign clients who hired unexperienced people ( lawyers and accountants) who made mistakes on the process of international transfer IMPORTANT: Update 2008....penalties for mistakes on foreign investment procedure can be between 70 to 200% on the amount brought in a irregular way....SO ALL MY FRIEND BE CAREFUL Esteban Rada Colombian lawyer email: lawyerscolombia at yahoo.com
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lawyer CO comments on Cedula Extranjeria and Visa renew like GATOR and ELK SAID, any visa expires if you stay out of the country more than 180 days per year. that means 6 months. Now, the visa can be obtain in NY or Bogota but it all depends of the type. Gator published something like this days few weeks ago... student, pensionado, residente ( partner of colombian citizen) and change of visa can be done in Bogota. Also investor visa and owner of enterprice. Work visa and bussiness... outside Colombia...., but it is good to call MRE to confirm on the specific case REMEMBER IS 2008 and may existe a new rule changing this. I would not believe in COL consulates... they have bad reputation.... Have you heard what happened in Colombian consulate in Washington DC? Esteban LAWYER CO
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lawyer CO comments on If I am foreign person with three children but one of them is my favorite, Can I leave him all my Colombian assets? well... if the child is your only son, he gets everything you have unless you have a will in which you stablish a different situation. 2. For the wife, if she got divorced and was her fault nothing for her.But if you 2 got divorced and now she is having bad economic conditions, she could claim for porcion conyugal. That`s the moment where your lawyer`s son must act and attack the ex wife`s petition sayng for example...she has an apartment... she styaed with the car during the duvirce... Esteban
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lawyer CO comments on If I am foreign person with three children but one of them is my favorite, Can I leave him all my Colombian assets? fecherklyn : Just to make sure I have understood....if I only have one child he gets a minimum of 75% of my patrimony (E.g. everything other than the 1/4 Libre Disposition), Right? YES, IF YOU WRITE DOWN THAT WAY. Also you state these rules apply to assets in Colombia. Would Colombian rules apply to any assets I keep elsewhere and, if so, what are these rules (Always assuming a situation where I reside and die in Colombia). I appreciate this question may be complex and will understand if you find it difficult to deal with in this forum NO, COLOMBIAN LAWS only apply for assets located in Colombia. Esteban
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lawyer CO comments on If I am foreign person with three children but one of them is my favorite, Can I leave him all my Colombian assets? If Jim`s wife is alive, she would have the right to the 50% of the community of assets created by the marriage. Now if she gets few assets, you can write on the will a section called porcion conyugal, in which you give certain goods to her- Of course drafting a will requires a previous interview. Esteban Rada
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lawyer CO comments on divorce lawyer (abogado) in Pereira The case depends of the type for example a mutual agreement divorce without kids and properties can take 15 days, it`s not only the divorce, also its registration When there are kids and dispute, it can take 1 year the divorce in Court plus other time during the liquidation of the assets. If you like, send me an email to : lawyerscolombia at yahoo.com and i can help you Esteban Rada LAWYER CO Colombian Lawyer EMAIL: Lawyerscolombia at yahoo.com
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lawyer CO comments on deciding to seperate or divorce over the xmas period..how common is it well, my experience has taught me that if a relationships is weak, christmas is the time when it will blow. The issue is complicated and only the couple know the real reasons , the good thing ( sorry for being sarcastic) is that starting a divorce process in january gives you the advantage to get it done by the end of the year. ( 4 hearings must be done in Court) except if it`s a mutual agreement divorce. Esteban R. LAWYER CO colombian lawyer email: lawyerscolombia at yahoo.com
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lawyer CO comments on Getting "separacion de bienes" after marriage Robi, the separacion de bienes DOES EXIST but it has specific causes . In example the partner is in risk to be financially broken so the woman in the same process as the divorce, asks the judge to order the separacion de bienes. which is different to liquidacion de sociedad conyugal. The problem here is the act, it can work only for sweden assets but no colombian so the only option is liquidate de sociedad conyugal. Of course, depends to the mood of the couple ( to define if in anotary or court) This is a large discussion to never end, and happens every where Esteban
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lawyer CO comments on help and information on getting married in colombia Carefully remember ley 43/94, if you are colombian you have to present yourself as colombian, if not a big fine is waiting for you. HAPPENS EVERYDAY AT AIRPORTS, colombian people come to Colombia with the US passport, DAS let you in but tyring to get out they check and find that you have cedula, so they send you to pay the fine before flying. Esteban R. colombian lawyer email: lawyerscolombia at yahoo.com
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lawyer CO comments on Getting "separacion de bienes" after marriage Well, as family lawyer i can tell you that the separacion de bienes is not the way to protect the assets, yes sometimes people use it but at the end is to create more problems. The correct way i would recommend is the liquidation of the community of assets created by the marriage in Colombia. For the sweden stuff another procedure would be needed. your questions about separation of bienes: Yes you can do it but is a process similar to a divorce and do not end all the reponsability for the debts. Can people touch your stuff? yes, the community of assets is responsable fro all the debts and late payments that the couple or one member owns. Esteban R. colombian lawyer email : lawyerscolombia at yahoo.com
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lawyer CO comments on medical insurance pay with a master card credit card your travel and you will have the right for an insurnace. Otherwise hospital doesnt accept in most of the cases normal american insurances. Happened to a client of mine, who had to pay 1000 dollars because his insurance did not work while normally colombian pay for the same 75 dollars. Esteban
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lawyer CO comments on Another Visa Question.H The additional problem i see is that we dont know if they registered the marriage in Colombia, therefore visa can not be applied until they do the protocol first, besides as Gatos says the visa requires you to stay in the country at least 180 days per year, if not, it will be revoked Esteban R. lawyer CO email: lawyerscolombia at yahoo.com
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lawyer CO comments on Regarding selling property in Colombia yes, the phrase is right, what you had before the marriage is yours but i would add that any money that you received during the tiem of being married*, such as the one product of a succession, or a donation is also yours. Esteban R. lawyer Co email: lawyerscolombia at yahoo.com
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lawyer CO comments on Inventario solemne de bienes de los menores - HELP The process is easy as long as i have all documents and witness, and really fast.... call me to my office 57-4-3133046. or send me an email to : lawyerscolombia at yahoo.com Esteban
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lawyer CO comments on Regarding selling property in Colombia yes, Kat 1 is right, the house you bought before marriage belongs to you and dont need a power of your wife to sign it. What could happen is if you receive the money, is that it is part of the community of assets and onyl gives you the right to recover it when she dies or in case of a divorce Esteban R. lawyer CO email: lawyerscolombia at yahoo.com
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lawyer CO comments on Hello Ken Well, i saw your post on poor but happy about the legal issues related to the baby. some basic things can be summarized into a) you are forced to pay child support even you are not married but to be enforced you need to register the baby. b) having a baby togheter is a prove in cse of a lawsuit for declaration of common law marriage c) of course the baby will be inheritage all your stuff. d) if you dont fill confortable or dont know how much to pay for child support some legal moves can be done. ok, reply me if you have some questions Esteban Lawyer CO email: lawyerscolombia at yahoo.com
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lawyer CO comments on Hello Ken Well, i saw your post on poor but happy about the legal issues related to the baby. some basic things can be summarized into a) you are forced to pay child support even you are not married but to be enforced you need to register the baby. b) having a baby togheter is a prove in cse of a lawsuit for declaration of common law marriage c) of course the baby will be inheritage all your stuff. d) if you dont fill confortable or dont know how much to pay for child support some legal moves can be done. ok, reply me if you have some questions Esteban Lawyer CO email: lawyerscolombia at yahoo.com
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lawyer CO comments on Inventario solemne de bienes de los menores - HELP yes, i understand your opinion, the idea is to not make more complicated the situation thinking that in the future there is the chance for a divorce or death and it would be extremly difficult to make the liquidation without the license Excuse me if i ofended you, but pm in case you need something Esteban
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lawyer CO comments on Inventario solemne de bienes de los menores - HELP Tom : what you are telling to warl is to commit FRAUD. What are the consequences? well.., just a criminal case to the couple plus the loose of all rights of the mother of the kids. Another stuff is that divorce is different to a license so it is not good to mix 2 different procedures. Esteban R. Lawyer Co email: lawyerscolombia at yahoo.com
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lawyer CO comments on Inventario solemne de bienes de los menores - HELP The inventario solemne, is a license that notaries and courts require for people who want to get married but have children of previous links or weddings The purpose of this document is to separate the possible properties of the minor to the community of assets created by the marriage. All notaries must require the document and the consequence of not asking for it, is that parents loose their right to inheritage their son. The process to obtain the license is a petition to the court and after some declarations, the judge give the ok for the wedding Esteban R. Lawyer Co email: lawyerscolombia at yahoo.com
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lawyer CO comments on Benefits for foreigners who buy housing in Colombia yes, what the document shows is a project to get some benefits for the generation of baby boomers but this papers has not been adapted into a law so it doesnt have any effect at the moment. Let´s wait until the congress aproves it Esteban Lawyer Co email: lawyerscolombia at yahoo.com
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lawyer CO comments on Colombian Mindfuck #683 the case of tom is very common in Colombia. Be aware that they would check credit history of the girl through databases such as SIFIN AND DATACREDITO. Plus, work certificates may be asked. The best way to get a post paid plan is have a friend who has a company plan and try to get you in it, if not prepare a lot of papers. Esteban
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lawyer CO comments on Abortions in Medellin The abortion is legal in Colombia only in 3 cases: 1. When the pregancy was producted of a sexual assault. You would need to fill a police report and be part of a criminal case. 2. When the mother has risk to loose her life during the pregancy. Certain steps followed by hospital must be accomplished to get the permission. 3. When the woman was pregant through artificil methods without her permission.same as above. The rule is clear but many hospital denied the abortion so you need to get lawyer in order to sue for the permission ( 90%) of the cases. Esteban R. lawyer CO email: lawyerscolombia at yahoo.com
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lawyer CO comments on answer to questions: 1. The son inherited after his father dies. The wife doesnt inheritated, she can claim for something called marrital assistance, and it would giver her the enough money to live until she ldie. ( it is according to the value of the assets). 2. The properties BEFORE assets that are related as INMUEBLES: such as farm, house, buildings, lands: They still under the property of the man. BUT IF HE DID AN IMPROVEMENT, THE ASSET WILL EB PART OF THE COMMUNITY DEPENDING ON THE VALUE. Each case is different. assets called MUEBLES, such as cars, banks account, money in stock markey, etc,. These WILL BE PART OF THE COMMUNITY OF ASSETS, and they only way to claim the refund of the money is after the dissolution of the community ( divorce). AZTEC PROBLEM: you need to know that the 50% of the wife means her right to the half of the assets that the couple bought during its time of union, so imagine a cake with all your assets. You split it in 2: 1st: is the right of the woman to get her % of the things that belongs to the marriage. 2nd: the kids will recieve the other 50% as their right to inheritage their father. THIS ISSUE IS COMPLEX, THAT`S WHY SOME MANY DISPUTES END IN COURT, SPECIALLY WHEN US CITIZENS REGISTERED THEIR MARRIAGE IN US. Esteban Colombian lawyer email: lawyerscolombia at yahoo.com
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lawyer CO comments on The answers for the problem of Ken are simple but in case of a court dispute, get yourself a good divorce lawyer 1. Money, cash, stocks, banks account= they are part of the marriage, doesnt matter their are under your name, she will enjoy them 50% 2. assets such as house, farms, etc = still under your name but some thigns belongs to the marriage and she can claim for a % of the title. Esteban R. colombian lawyer email: lawyerscolombia at yahoo.com 3. The child will be inherited all your properties after you die.
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lawyer CO comments on the comments apply for colombian too. I believe the judge is someone who must be neutral in all countries so it doesnt matter how poor is the nation, the judicial system always try to keep itself apart. Remember the division of the powers by Montesquiev !. So, DW says that judge and lawyer share the same office. For me it is impossible, no way!!, if it was true, both of them would be now in the middle of a search by the DA. Keep your minds open in Colombia, there are people that take advagante of the amateur knowledge of foreigns. Esteban Lawyer CO
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lawyer CO comments on yes, it is important to clear this issue because it is illegal for a judge to share an office with a practice lawyer. Both of them can loose their job and license. Besides, as i said, judges have their own public office and no one except administrative officers can stay there. I believe it is everywhere, and it is called neutrality. Esteban R. lawyer
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lawyer CO comments on correction: practice lawyer CAN NOT HAVE their offices in the same building that judges. The judicial branch is located in a public building so only goverment employees can stay there Esteban R.
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lawyer CO comments on as lawyer , i see too strange that a judge and a lawyer share an office. If it is true, both of them are open to a disciplinary action by the superior council of the judicial. other fact is that judges have private rooms such as palace of justice, and non practice lawyer can have their office in the same place. You can verify this in the centre of Alpujarra. Be careful with this amazing offers!!!! most people are trying to take advantages of foreign citizens. Esteban R. lawyer
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lawyer CO comments on Moving belonging to Colombia? but it´s important to know that for a normal guy the import tax is over 15% on the total amount declared to the customs- Esteban R. lawyerscolombia at yahoo.com
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lawyer CO comments on the law states that if you are under minor, you should be treated like no matter if you later turned 18 years. Esteban R. lawyerscolombia at yahoo.com
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lawyer CO comments on Paying for a visa (Dollars or Pesos) yes, you have to pay in pesos. No dollars accepted!! Esteban R. email: lawyerscolombia at yahoo.com
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lawyer CO comments on Is there some law in place ? yes, but now the routes for buses are seized becasue the new metroplus will use some of the, so the major doesnt want a competition between private and public transportation. About the new buses, some companies are using new ones but only for certain trips. Esteban
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