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lawyer CO has left 166 comments

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lawyer CO comments on Got married, registered the marriage at the consulate, and then divorced in the U.S. what next?

David has to request an exequator petition. Not an easy or cheap process but the only way that colombian law accepts foreign judgment decision over acts done in Colombia Esteban Rada colombia lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Got married, registered the marriage at the consulate, and then divorced in the U.S. what next?

For David and Pixe. Let me tell you that you are not divorced in Colombia, because each country has independent jurisdiction. Therefore you need to do a divorce in Colombia or ask for an exequator procedure ( which is the acceptance of the foreign divorce in Colombia) Esteban Rada colombian lawyer

 

lawyer CO comments on business plan for Colombia

dont forget the money to pay cajas de compensacion for your workers sucha as SENA, Bienestar Familiar and others. Esteban R lawyer

 

lawyer CO comments on Notaries Medellin

inventario solemne is the paper the notaries requiring, if they dont ask for it, is a cause for disciplinary action against notary plus there are some serious consequences regarding the marriage. Regarding the document from the consulate there is a way around that requirement. Esteban Rada lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Post Office in Colombia

In my experience I agree with you, mail in Colombia is expensive. No way to compare a 25 cents letter in USA to a 6000 letter in Colombia for a normal destination. Now, if you send it by adpostal today= 472, you can expect it to take a couple of days or months or never show up, and to get a certification of the status will take 3 weeks as minimum. lawyer CO

 

lawyer CO comments on EXPRESS DIVORCE WHEN COUPLE AND CHILDREN LIVE OUTSIDE COLOMBIA

as aracne said, foreign divorce must be approved in Colombia. otherwise you marriage will continue active and if you marry another woman in Colombia not matter if you have an US divorce over that colombian marriage, the new marriage will be void plus criminal actions. be careful all...US divorces do not operate automatically in Colombia. Esteban Rada lawyer CO

 

lawyer CO comments on Is it legal in Colombia to make a worker pay for a uniform that is required for work?

depending on the type of contract but let`s say full term contract. The company must provide clothes for the worker 3 times per year, every 4 month. The clothes includes dress, shoes and other parts depending of the risk of the job. If you want to complain, visit the work inspector ( officer of the labor minister), he will check your complain and visit the company. Esteban Rada lawyer

 

lawyer CO comments on fiancee visa

you dont need 2 years in order to fill for a trial divorce, that`s a common mistake for lawyers who practices other areas different from family law. if you want, contact me, i will give you further details of how to proceed lawyerscolombia at yahoo.com

 

lawyer CO comments on American living in Colombia, own a home. Questions about a Will

i posted sometime ago an article explaing the process. Will in Colombia is complete different to the american will, therefore, only following specific instructions, your colombian will is going to be accepted by the family court after you died. www.poorbuthappy.com/colombia/post/the-will-and--sucession-inheritance-process-in-colombia/ Esteban Rada colombian lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on What should I do?????

well...from my experience in family law and specially divorces between colombian and american couples, those expressions really show that the woman still in love with her boyfriend and in court they would good evidence to demostrate how she is having an affair with other person . Personally, knowing the culture here in Medellin...those words are not a simple close friendly relationship when a colombian girl says that. No woman would say amor to a friend ever !!!!!. I mean they are really serious. Esteban Rada colombian lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Comcel is charging me 791.477 for the Gana carros BS

you have to fill an administrative claim. This process usually ends being discussed with a goverment officials and both parties or in court. i remember the old days when cell phone companies charged calls you had not made. Esteban Rada lawyer

 

lawyer CO comments on getting married in colombia- no need for marriage visa anymore?

remember that besides tehe normal requirements listed above, if you or your future wife has children under 18 years old need a paper from family court called INVENTARIO SOLEMNE DE BIENES. This document can take sometime to be obtained. Esteban Rada colombian lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Has any cedula holders been fined for not submitting a change of address to the DAS?

i would argue to DAS, showing them article 83/civil code: one person can have multiples residences in Colombia. Now, if the guy really wants points with his boss, that`s another bussiness Esteban R. lawyer CO.

 

lawyer CO comments on Has anyone ever attempted to sue DIAN or Camera Commercial in Colombia?

be aware that if you are responsable for collection of sales taxes, you can go to jail if you dont declare any kind of taxes or not the total to DIAN. Believe me that DIAN really checks this issue and dont hesitate to try to put you in jail. Esteban

 

lawyer CO comments on Has anyone ever attempted to sue DIAN or Camera Commercial in Colombia?

i have seen a lot of lawsuits against DIAN...starting from large companies are DHL or Coca cola to a normal person or bussiness. The issue of filling a lawsuit is always the prove...the better it is, the more chance you have to win the case. Regarding the chamber, there is a procedure to be done before cancelling the commercial mark which is the hard part of the process. Esteban Rada Lawyer CO

 

lawyer CO comments on Direct Visa answers please .... please inform me on fiance visa

my friend joseph who is a NY inmigration lawyer agrees with me about marrying the person in the origin country of the applicant. Yes, you can get married as long as you meet the requirements. Esteban

 

lawyer CO comments on Direct Visa answers please .... please inform me on fiance visa

well...i have heard that marriage civil form from Colombia gives more seriousness to the application for the visa based on the idea that she wont run away ( has happened before) with the fiancee visa ( use it as a excuse to go US and they good by to boyfriend) However, the big shot here is does she have children? usually that`s the big problem after getting the visa...is the father going to let the chil/children leave the country? Esteban R colombian lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on visitation visa denial...help

i have been hearing that when the embassy knows there are strong family ties and there is at least a minimum change of the applicant of staying more thna the time allow, they deny the visa. Many cases mother daughter situation ! Esteban

 

lawyer CO comments on Divorce

In this point when the divorce is based on a mutual agreement you can get divorced in the place you want. It doesnt matter the city of where you live or lived. Now, regarding a trial divorce, you can fill in the divorce in a) city where the defendent lives b) city where the couple lived last time togheter c) if you dont know her address, you can fill in the divorce where you live right now. However, it is important to get a good attorney before making further legal actions. Esteban Rada lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Auto Title/Registration in Colombia

there are 3 things that i can remember about buying a car a) driver license b) escritura publica de compraventa/ documento privado: when you go to the notary and the parties signs a contract of buying/sell a car c) the famouse paper call transpaso...when you go to the transit office and register the purshase and new owner. d) tarjeta de propiedad: the transit office gives you ca ID that shows you are the actual owner..includes model, type, motor serial. if you miss the registration at office of transit...your vehicle still paying taxes for past debts of drivers..also it´s the time to check tickets. Esteban Rada

 

lawyer CO comments on Paying pension in Colombia

In the resolutions 1474, 2237 and 3121 the ministerio de proteccion states what people are exempt of paying pension. Esteban R

 

lawyer CO comments on

I would also suggest to look for a city where internet has a good provider... Esteban R lawyer

 

lawyer CO comments on Union libre... how long it takes to get it done????

you require a document that states you have lived with the mate as minimum 2 years. There many things to discuss before filling the petition to obtain the declaration of common law marriage including if the mate has children under 18 years old or if he has previous marriage. Esteban Rada colombian lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Paying pension in Colombia

for permanent citizens, the only way is ask for something call indemnizacion sustitutiva..means that you can draw the money because you wont be getting a pension. notice: With labor laws in Colombia, 90% of cases ends in Court Esteban

 

lawyer CO comments on Paying pension in Colombia

Yes, foreigns are not forced to pay pension in Colombia. I would recommend to go to the company to which you are paying pension and ask for a refund of money. Now...in case they deny to do it..contact Ministerior de Proteccion Social and ask for assistance. Last resource..hire a labor lawyer. Esteban Rada lawyer CO

 

lawyer CO comments on IMPORTANT LEGALIZATION OF IRREGULAR FOREIGN VISITORS IN COLOMBIA NEW DEGREE

I call assistance of GATOR to check with his MRE contact the process of how to organize irregular status according to the Degree. Esteban Rada

 

lawyer CO comments on

I post http://poorbuthappy.com/colombia/post/license-for-second-civil-wedding-or-when-one-member-of-the-couple-has-children-under-18-years-old/ an article which i had written before just to make sure that can be enjoyed by all of the members of PBH Esteban Rada Lawyer CO

 

lawyer CO comments on License for second civil wedding or when one member of the couple has children under 18 years old

remember that the process is now taking so long to get the license..family courts are full right now so better start with time Esteban Rada Lawyer CO

 

lawyer CO comments on

well...i only wanted this guy to know that if he has children under 18 years old he has to get the license for minors that notaries required to get married..also applies for woman with children..however he complies when you try to help him collect all the papers for marriage he needs as he said on his post http://poorbuthappy.com/colombia/post/what-does-apostillado-mean-in-english/ AS fecherklyn said, many PBH members email me asking me for help which in most cases i do for free only with some exemptions i have to charge Now, this guy is strange...ask for help from us in his process to get married and then making so many trouble because i email him asking a question which is very important because is a mandatory document ( license for minors) that he needs to get if he wants to get married...so no help for him. Esteban Rada lawyer CO

 

lawyer CO comments on What changes legally between a couple in Colombia after dating for 2 years? Is it like de facto?

the prenups for common law marriage MUST BE SIGNED BEFORE STARTING TO LIVE TOGHETER Esteban R lawyer CO

 

lawyer CO comments on What changes legally between a couple in Colombia after dating for 2 years? Is it like de facto?

the rule for the 2 years common law marriage is not permanent, there are plenty of options of how to correct/ rescue the property that he bought during those years. The rule of the 2 years is really a presumption, therefore something different can be demostrated in Court. Esteban Rada lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Rentista Visa denied from Canada – I could use some advice.

yes, the law states that in case of a denial of a visa, you ca not apply afetr certain time has passed. perhaps, you should emai, so i can tell you what`s the real deal. Esteban R email:lawyerscolombia at yahoo.com

 

lawyer CO comments on Rentista Visa denied from Canada – I could use some advice.

In your situation, regarding the visa, you can be subject to a restriction for a new application of the visa. There are some legal things you can do, but i would like to discuss them with you. Esteban R lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Marriage In Panama

well...have your lawyer said the implications of getting married in Panama with Colombiana and then make it registered in Colombia? it might be trouble for many things..i hope your lawyer has explained you that Esteban R. lawyer email:lawyerscolombia at yahoo.com

 

lawyer CO comments on Ticket dissmisal

you have to appeal between the next 5 days after you got the ticket with the transit secretary and attach prove or request evidence for your case in the same appeal. Esteban Rada lawyer

 

lawyer CO comments on Exciled to sea. African refused visas in colombia

almost all african citizens must get a colombian visa prior entry to Colombia in any consulate of colombia.Maybe she can go to Panama and then come back Esteban R lawyer

 

lawyer CO comments on domiciliado continuos

domiciliado for foreign citizens means the time after obtaining residence ( visa) and in practical works says that you have been living in the same place for a continiuos time. now, this can be interpretated different if you are colombia or a foreign without a visa. Esteban Rada lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on

if you are afraid to go there ( which i can understand perfectly), email me, i have contacts or friends on almost every town of antioquia. Esteban Rada email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Shorts in latin america. Why not?

the answer is simple: the short pants doesnt seem to our culture a good way to dress. In Medellin usually people who dress short pants are foreigns or without a job...except late in the night or sunday where the rich ones wear nike comple outfit..as if they were going to the gym. it`s the culture...what else we can do..but my personal opinion...i like to wear short pants after a complete day on bussiness suit. Esteban

 

lawyer CO comments on Getting Married in Colombia!

Tom: because Canada hasnt signed some international treaties, the rules for you to getting married change, please email me to lawyerscolombia at yahoo.com, to explain you what´s the deal. Esteban Rada colombian lawyer

 

lawyer CO comments on San Andres Property

Well, i have assisted some US citizens there who have bought property and also colombians who sold some lands there. There are special regulations in San Andres living there. I sent you a message with more details of you prefer..email me: lawyerscolombia at yahoo.com Esteban Rada lawyer

 

lawyer CO comments on

now adpostal is different owned by a private operator...i think it is avianca...the new name is 1,2,3 something like that. WHEN THE PACKAGE IS TOO BIG, they mail you a small receipt to asking you to pick it up in downtown.

 

lawyer CO comments on General Information Please

Well in the situation above, regarding to the marriage would be important to know if any of the member of the couple has children under 18 years old. If the answer is Yes, an additional official document would be required for the marriage. Now, for the visa, not only the marriage visa is the option, there are other possilibilties but each one has positive and negative sides. if you want, email me to answer any further questions. Esteban Rada colombian lawyer email: lawyerscolombia at yahoo.com

 

lawyer CO comments on Flexible Notoria required

I agree with Gator, Notaries in Colombia are not the same as other countries, that``s why sometimes foreign people dont understand process in notary are not done the same day or they ask for many papers. In the case above there are some ways around but would like to know more details of the situation, just to give an appropiate advice. royed31, send me a private message, so i can know the deal and then organize an assitance and of course and answer here for the others. Esteban R colombia lawyer

 

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

 

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

 

lawyer CO comments on

UNE has been a trouble this week...almost all poblado went off on wednesday...

 

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

 

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

 

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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