[ MERGED ] Michigan family jailed in Mexico over timeshare dispute

[jp10558]

If I was them, I'd never go near Mexico again, AND I'd tell everyone else not to either! I'd also wonder now that I'm in the US if any NDA is worth the paper it's printed on - again, it sure seems like signed under duress by American standards. I do wonder if Palace is trying to bring a civil action in Mexico or the US? I would bet in Mexico would just be a waste of their time TBH.

Also, very strangely, I saw people say Palace and the couple both paid ~$58k to a charity to end the case... if so - WTH?

 

[pierrepierre]

Just got back from Palace Resorts yesterday. There was really no discussion on property or around the pool about any of this. People there were pleased with their holiday and were certainly enjoying their time! The band you wear, explains the level you came in on. No matter what the color of the band, ALL spoke highly of their stay!!! Just like any timeshare property here in the states, some are better than others.....Palace is right up there at the BEST! We are members....do not take advantage/exploit our benefits. Some folks want "something for nothing and tricks for free"......but first make sure what country you are in and what laws will apply to you. Obviously homework does help!

 

[pedro47]

Until it's winter in Minnesota again.

Bill

Maybe, they will travel to Florida or Jamaica.LOL

 

[JohnnyO]

Some folks want "something for nothing and tricks for free"......

..."That ain't working, that's the way you do it
Money for nothing and your chicks for free
Now that ain't working, that's the way you do it
Lemme tell ya, them guys ain't dumb"...

 

[TUGBrian]

and just when you thought that story had run its course....

now the couple is suing the resort!

Exclusive | Michigan couple held in Mexican prison for a month over timeshare dispute claims resort ‘weaponized’ criminal justice system

Paul and Christy Akeo claim Palace Resorts LLC brought bogus criminal charges to retaliate against them.

nypost.com

 

[easyrider]

and just when you thought that story had run its course....

now the couple is suing the resort!

Exclusive | Michigan couple held in Mexican prison for a month over timeshare dispute claims resort ‘weaponized’ criminal justice system

Paul and Christy Akeo claim Palace Resorts LLC brought bogus criminal charges to retaliate against them.

nypost.com

This really goes to show a problem with the Mexican justice system. The Akeos should have never been placed in jail, imo. It's obvious that the Akeos were coerced into signing whatever documents they signed to get out of prison. I hope the Akeos sue the crap out of these guys and win.

Bill

 

[sponger76]

and just when you thought that story had run its course....

now the couple is suing the resort!

Exclusive | Michigan couple held in Mexican prison for a month over timeshare dispute claims resort ‘weaponized’ criminal justice system

Paul and Christy Akeo claim Palace Resorts LLC brought bogus criminal charges to retaliate against them.

nypost.com

I see that the suit was filed in Miami-Dade county. Merits aside, I am curious how that court would have jurisdiction. Does the timeshare have business interests located in the US? If not I would imagine that it would be difficult to enforce any judgements against the resort. Also surprised to see the papers they signed included a provision that they "arbitrate any further dispute in the International Court of Arbitration in Canada." I had no idea that Canada had a court with international jurisdiction over arbitration.

 

[dioxide45]

I see that the suit was filed in Miami-Dade county. Merits aside, I am curious how that court would have jurisdiction. Does the timeshare have business interests located in the US? If not I would imagine that it would be difficult to enforce any judgements against the resort. Also surprised to see the papers they signed included a provision that they "arbitrate any further dispute in the International Court of Arbitration in Canada." I had no idea that Canada had a court with international jurisdiction over arbitration.

So if they signed something indicating they would arbitrate, how can a court take this on? Won't the court in Miami-Dade just toss the lawsuit since they agreed to arbitration? I would just be happy to be out of jail and move on with life. They likely won't get anything from any judgement and can certainly would never want to go back to Mexico at this point.

 

[daviator]

I see that the suit was filed in Miami-Dade county. Merits aside, I am curious how that court would have jurisdiction. Does the timeshare have business interests located in the US? If not I would imagine that it would be difficult to enforce any judgements against the resort. Also surprised to see the papers they signed included a provision that they "arbitrate any further dispute in the International Court of Arbitration in Canada." I had no idea that Canada had a court with international jurisdiction over arbitration.

I think the resort company has some kind of presence in Florida (from memory, might be wrong) but I am sure their assets are in Mexico and any US court victory would be difficult to enforce.

My recollection of this case was that there was no shortage of bad behavior by both parties in the dispute. I'm with @dioxide45, I'd want to put it behind me and move on, especially if my hands were not completely clean. This case seems like tilting at windmills from what I can see.

The story in the article which @TUGBrian linked appears to give the Akeo's side of the story, and is very different from previous accounts which were clearly the resort's version of events. My guess is that the real truth is somewhere in between, with dirty hands on both sides.

My take is that the couple found a lucrative loophole they were using to scam the resort, and after a while the resort closed the loophole, so the couple stopped paying and disputed the credit card charges (they only wanted the timeshare if they could exploit that unintended loophole.) Then the resort company went after them with criminal charges and indeed used their local influence to get them arrested on entry to the country.

Seems like no lessons were learned here.

 

[WorldT]

So if they signed something indicating they would arbitrate, how can a court take this on? Won't the court in Miami-Dade just toss the lawsuit since they agreed to arbitration? I would just be happy to be out of jail and move on with life. They likely won't get anything from any judgement and can certainly would never want to go back to Mexico at this point.

They court can take it up if they can prove their signature was obtained under duress and that seems to be their claim.

 

[Larry M]

I see that the suit was filed in Miami-Dade county. Merits aside, I am curious how that court would have jurisdiction. Does the timeshare have business interests located in the US? If not I would imagine that it would be difficult to enforce any judgements against the resort. Also surprised to see the papers they signed included a provision that they "arbitrate any further dispute in the International Court of Arbitration in Canada." I had no idea that Canada had a court with international jurisdiction over arbitration.

Presumably, the initial signatures of both parties to the contract were given willingly, not under duress.

It's common on many contracts to include the region where arbitration or lawsuits are to be filed and which statutes apply. Since both parties initially signed the contract, these terms are binding. You could write a contract with your next-door neighbor stating that suits or arbitration will take place at and under the statutes of Paris, France or Kyiv, Ukraine.

 

[geist1223]

Also the Arbitration Clause has to be written in a manner that can be enforced. Wyndumb Contracts require Binding Arbitration. A couple years ago Wyndumb was sued in Florida in Federal Court. Wyndumb successfully moved to Dismiss citing the Binding Arbitraton Clause. When the Dispute was submitted to the American Arbitration Association for Resolution AAA declined to accept the case because of how the Wyndumb Attorneys drafted the Clause. (So apparently the Wyndumb Attorneys are not the best around.) The case went back to Federal Court.

 

[easyrider]

Presumably, the initial signatures of both parties to the contract were given willingly, not under duress.

To me, being placed in a Mexican prison for a civil suit is more than enough to prove duress.

Bill

 

[WorldT]

Presumably, the initial signatures of both parties to the contract were given willingly, not under duress.

I believe the very argument of the lawsuit is that it was done under duress.
If that can be proven in court, the arbitration clause contained in such an agreement will become irrelevant.

My question is: even if they can prove that, what will they get? Does the resort have assets in the USA or will they attempt to try to get a court in Mexico to enforce it. Or maybe they will keep the judgement open in the USA in perpetuity thereby preventing the company from acquiring or creating any substantial assets in the USA that could then be subject to seizure. I hope they have an end game here and are not just throwing more money away due to their anger.

 

[pierrepierre]

Duress? one can get up in the morning...and be under duress. Can be applied to almost anything...work, play, purchasing goods. It would be nice to see an end to this...both parties need to step back and reconsider. I however believe that if you put your name on a contract - you must follow the rules of that contract....mortgage, car loan, credit card, etc. Yes, we paid the fees to get out of our contract"S" with Diamond....just before everything started to change there. Still not real clear where the loopholes were....and yes, they should find another country in the south to resort at. however, once a con man, always con man.

 

[easyrider]

Duress? one can get up in the morning...and be under duress.

Especially when placed in a violent, over crowded Mexican prison setting, without committing a routine offense, and not given a full explanation or representation in a timely manner, instead of going to a beautiful beach front timeshare and enjoying the full service it provides.

Was it fair to treat people as if they committed a criminal offense in what should be considered a civil case, without a trial ? This seems backwards even for Mexico but from what I have read they can use a pre-trial incarceration for criminal offenses. Disputes over contracts are considered civil cases unless there is fraud or forgery involved. A resort in Mexico claiming fraud to have a couple jailed would qualify as duress.

Bill