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Seeking Mexican Attorney For Help With Timeshare Fraud

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Hi there,

I am looking for a referral for an attorney in Mexico to help with a fractional ownership case of fraud. It's fairly simple, I even have the blessing of Profeco who mediated the case for me free of charge. The company is willing to offer me $48k and have admitted their guilt. But I paid $98k, so I am now going after them for the full amount. I am concerned that choosing just any attorney in Mexico can lead me get swindled again. Particularly because the only attorney I have been in contact with regularly thus far wants to charge me $3k just to review the case, even if he decides not to take the case. That's insane to me! Anyone who has a personal referral would be welcome to share their info. Thank you.
 

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Hi there,

I am looking for a referral for an attorney in Mexico to help with a fractional ownership case of fraud. It's fairly simple, I even have the blessing of Profeco who mediated the case for me free of charge. The company is willing to offer me $48k and have admitted their guilt. But I paid $98k, so I am now going after them for the full amount. I am concerned that choosing just any attorney in Mexico can lead me get swindled again. Particularly because the only attorney I have been in contact with regularly thus far wants to charge me $3k just to review the case, even if he decides not to take the case. That's insane to me! Anyone who has a personal referral would be welcome to share their info. Thank you.
It’s mexico what so you expect?
 

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The company is willing to offer me $48k and have admitted their guilt. But I paid $98k, so I am now going after them for the full amount.
$98k minus attorney fees, adjusted for the time value of money = ??? Personally I'd take the $48k and be done with it...

George
 

Passepartout

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My personal opinion is that you are asking something beyond the TUG body of knowledge. Mexican law is based on Napoleonic Law. Totally unlike the American legal system. It's good that you have the 'blessing' of PROFECO. Did they offer you a law firm referral? If you pay the firm you contacted the $3K, can that amount- along with full refund of what you were defrauded- and possible punitive damages be sought? If so, spending $3K to collect that AND $96,000 seems like a reasonable fee. Far better than a contingency deal where it costs you nothing upfront and they take 1/3 of the proceeds of any conviction and collection.

Remember, getting a conviction and judgement against them simply gives you the right to seize assets, not that someone is going to sit down and write you a check or peel off a pile of banknotes.

Good Luck!

Jim
 

easyrider

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Hi there,

I am looking for a referral for an attorney in Mexico to help with a fractional ownership case of fraud. It's fairly simple, I even have the blessing of Profeco who mediated the case for me free of charge. The company is willing to offer me $48k and have admitted their guilt. But I paid $98k, so I am now going after them for the full amount. I am concerned that choosing just any attorney in Mexico can lead me get swindled again. Particularly because the only attorney I have been in contact with regularly thus far wants to charge me $3k just to review the case, even if he decides not to take the case. That's insane to me! Anyone who has a personal referral would be welcome to share their info. Thank you.
There are attorneys in the USA that have affiliates in Mexico. These attorneys do specialize in real estate transactions. They do require a retainer deposit as most attorneys do. Many people do retain an attorney before purchasing real estate in Mexico because the laws in Mexico are different than here in the USA.

The border states like California, Arizona and New Mexico would be good places to find an American legal firm with affiliates in Mexico. I'm sure there would be a retainer involved. Here is a consumer guide that may help. I looked while deciding if we really wanted to purchase a longer term condo in Mexico. We decided the timeshare dealio was all we want. Good Luck !!

http://www.re.state.az.us/PublicInfo/Documents/Consumer_Guide_MEX.pdf

Bill
 
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Grammarhero

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In Mexico, you are dealing with sharks and piranhas. Just take the $48k and don’t look back.

You’re lucky to even get $48k back. In Mexico, there’s a lot of bribing judges and cops, so many people don’t even get any money back


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T-Dot-Traveller

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Hi there,

I am looking for a referral for an attorney in Mexico to help with a fractional ownership case of fraud. It's fairly simple, I even have ......Thank you.
FYI: Attorney - a person appointed to act for another in business or legal matters . (google search)

In the USA an attorney is synonym for lawyer . In Canada , the UK , Mexico etc.
anyone who is paid to act on your behalf can be deemed your “attorney”/ legal degrees etc are not required .

I am not sure what the correct term for LAWYER is in Mexico -

******
added - after being quoted below .
I did not mean legal degrees are not required to be a barrister / lawyer
in Canada . I was referring to usage of the term “attorney “ -

<FYI - the term - Attorney General of Canada - is a different usage of the term>
Joe Clark was Attorney General of Canada / he did not have a law degree .
he served in this role after he had been PM (per Wikipedia).
 
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billymach4

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FYI: Attorney - a person appointed to act for another in business or legal matters .

In the USA an attorney is synonym for lawyer . In Canada , the UK , Mexico etc.
anyone who is paid to act on your behalf can be deemed your “attorney”/ legal degrees etc are not required .

I am not sure what the correct term for LAWYER is in Mexico -
That's a loaded statement.
 

Grammarhero

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FYI: Attorney - a person appointed to act for another in business or legal matters .

In the USA an attorney is synonym for lawyer . In Canada , the UK , Mexico etc.
anyone who is paid to act on your behalf can be deemed your “attorney”/ legal degrees etc are not required .

I am not sure what the correct term for LAWYER is in Mexico -
That is incorrect. In UK and Canada, lawyers (called Barristers) have to have Law degrees and passed a bar.

In Mexico, lawyers are typically abrogados, but there’s confusion between notarios and abrogados. Mexico is the legal Wild West and to be avoided.


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Grammarhero

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FYI: Attorney - a person appointed to act for another in business or legal matters .

In the USA an attorney is synonym for lawyer . In Canada , the UK , Mexico etc.
anyone who is paid to act on your behalf can be deemed your “attorney”/ legal degrees etc are not required .

I am not sure what the correct term for LAWYER is in Mexico -
From Wikipedia
“In other countries, particularly the UK and U.S.A., law is primarily taught at law schools.[67] In America, the American Bar Association decides which law schools to approve and thereby which ones are deemed most respectable.[68] In England and Wales,[69] the Bar Professional Training Course (BPTC) must be taken to have the right to work and be named as a barrister. Students who decide to pursue a non-law subject at degree level can instead study the Graduate Diploma in Law (GDL) after their degrees, before beginning the Legal Practice Course (LPC) or BPTC. In the United States[70] and countries following the American model, (such as Canada[71] with the exception of the province of Quebec) law schools are graduate/professional schools where a bachelor's degree is a prerequisite for admission. Most law schools are part of universities but a few are independent institutions. Law schools in the United States[72] and Canada (with the exception of McGill University) award graduating students a J.D. (Juris Doctor/Doctor of Jurisprudence) (as opposed to the Bachelor of Laws) as the practitioner's law degree. Many schools also offer post-doctoral law degrees such as the LL.M (Legum Magister/Master of Laws), or the S.J.D. (Scientiae Juridicae Doctor/Doctor of Juridical Science) for students interested in advancing their research knowledge and credentials in a specific area of law.[73]”
https://en.m.wikipedia.org/wiki/Lawyer


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easyrider

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FYI: Attorney - a person appointed to act for another in business or legal matters .

In the USA an attorney is synonym for lawyer . In Canada , the UK , Mexico etc.
anyone who is paid to act on your behalf can be deemed your “attorney”/ legal degrees etc are not required .

I am not sure what the correct term for LAWYER is in Mexico -
This is why our attorney said to use a law firm in the USA that has an office or affiliation in Mexico. We were given the name of a law office in Phoenix that has an office in Mexico but we decided not to purchase property in Mexico other than timeshares.

Bill
 
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That is incorrect. In UK and Canada, lawyers (called Barristers) have to have Law degrees and passed a bar.

In Mexico, lawyers are typically abrogados, but there’s confusion between notarios and abrogados. Mexico is the legal Wild West and to be avoided.


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Sorry to have to correct you but attorneys in Mexico are called ABOGADOS not ABROGADOS. Abrogar is the infinitive verb of "to repeal" so abrogado is the present perfect tense of the verb. I may have been defrauded in Mexico, but I do speak spanish.
 
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This is why our attorney said to use a law firm in the USA that has an office or affiliation in Mexico. We were given the name of a law office in Phoenix that has an office in Mexico but we decided not to purchase property in Mexico other than timeshares.

Bill
Bill, your reply is somewhat helpful but can you pass along the firm you spoke of in Phoenix? Thanks.
 

easyrider

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Bill, your reply is somewhat helpful but can you pass along the firm you spoke of in Phoenix? Thanks.
Sorry, all I have left is the Arizona State publication that I linked. We didn't pursue the matter as we decided that owning property in Mexico to use in the winter months forces a person to go to the same place every winter. With our timeshares we can go to nice places all over Mexico and that is how we like to travel.

Bill
 

Grammarhero

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Let’s say you win a judgment. How are you going to collect? When you win, debtors often don’t even pay.

At least in US, collection agencies get half of what they collect for creditors.


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Particularly because the only attorney I have been in contact with regularly thus far wants to charge me $3k just to review the case, even if he decides not to take the case. That's insane to me! Anyone who has a personal referral would be welcome to share their info. Thank you.
I don't think $3k is prima facie unreasonable.

Cross the table, and put yourself in the attorney's position. The attorney, like any professional service provider (plumber, auto mechanic, dentist, accountant) sells their time. If he is going to review the case, that is going to take time. And anybody who is in the professional services business expects to be compensated for time.

So, speaking as a professional service provider myself, how I respond depends on the circumstances. If I"m dealing with a client who regularly provides me with work and wants my input about a situation - I'll invest some time looking at the situation and offering advice, because it's part of client relations.

But if I get a call from someone I don't know from Adam, and he wants me to give him advice about a situation, I don't do that unless I get paid.

Same thing with the attorney. I don't know what your contacts have been, but I would say that if he wants $3k to look at the situation, you should also expect some advice from him about the situation. So if he's saying, give me $3k to look at it, then say "No". But you can say, I'll give you $3k to give me your assessment, that's seems totally reasonable to me.
 

T_R_Oglodyte

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But if I get a call from someone I don't know from Adam, and he wants me to give him advice about a situation, I don't do that unless I get paid.
I should add that even then I don't do it unless I can satisfy myself that the person is truly is truly looking for advice and isn't just looking for cover in case things go wrong. And then if I do decide to accept the job, I won't do it for at least 2x my normal rates.
 

Grammarhero

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I don't think $3k is prima facie unreasonable.

Cross the table, and put yourself in the attorney's position. The attorney, like any professional service provider (plumber, auto mechanic, dentist, accountant) sells their time. If he is going to review the case, that is going to take time. And anybody who is in the professional services business expects to be compensated for time.

So, speaking as a professional service provider myself, how I respond depends on the circumstances. If I"m dealing with a client who regularly provides me with work and wants my input about a situation - I'll invest some time looking at the situation and offering advice, because it's part of client relations.

But if I get a call from someone I don't know from Adam, and he wants me to give him advice about a situation, I don't do that unless I get paid.

Same thing with the attorney. I don't know what your contacts have been, but I would say that if he wants $3k to look at the situation, you should also expect some advice from him about the situation. So if he's saying, give me $3k to look at it, then say "No". But you can say, I'll give you $3k to give me your assessment, that's seems totally reasonable to me.
I actually agree $3k is reasonable. It will involve 10 hours reviewing all the court docs, convictions, judgments, business filings for assets and liabilities (which may be fraudulent), etc. the attorney might also want to look for any cartel connections.

Anyhow, I just see trying to recover more than the $48k offered as a sink hole.


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Let’s say you win a judgment. How are you going to collect? When you win, debtors often don’t even pay.

At least in US, collection agencies get half of what they collect for creditors.


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If there is a judgement in a Mexican court against a reputable company with assets the deal would play out like it does in the USA. The company either pays or goes bankrupt. With bankruptcy the assets are used to pay legal fees then claimants.

When a person wins a judgement in Mexico the litigation costs they pay to win is about 31% of the suit. Then there are attorney costs. So it seems that a person with a $100,000 claim would pay $31,000 in court costs and $12,000 - $20,000 in attorney fee's. This doesn't account for the persons own costs to go to Mexico and pursue the matter.

It seems like $48,000 offered for the $100,000 owed has taken into consideration the costs involved for the claimant to go to court.

Also, I am not 100% positive this is how it would work out so speaking to an attorney would be a good move, imo.

I am certain that what I know is very little regarding this type of action in Mexico and that is just another reason why we decided not to buy a property in Mexico.

Bill
 
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Grammarhero

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If there is a judgement in a Mexican court against a reputable company with assets the deal would play out like it does in the USA. The company either pays or goes bankrupt. With bankruptcy the assets are used to pay legal fees then claimants.

When a person wins a judgement in Mexico the litigation costs they pay to win is about 31% of the suit. Then there are attorney costs. So it seems that a person with a $100,000 claim would pay $31,000 in court costs and $12,000 - $20,000 in attorney fee's. This doesn't account for the persons own costs to go to Mexico and pursue the matter.

It seems like $48,000 offered for the $100,000 owed has taken into consideration the costs involved for the claimant to go to court.

Also, I am not 100% positive this is how it would work out so speaking to an attorney would be a good move, imo.

Bill
Reading the attached, it looks like of the 31 percent, 21 percent is attorney fees, 5 percent court costs, and 5 percent enforcement costs.




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It’s mexico what so you expect?
Get legal shield. It’s legal insurance. If there was an attorney on the case as intermediarie he should be sued for the rest.
 
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Don’t trust any Mexican deal offers
 
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I’m in process to get 27,000$ return to me and suing the New York attorney who oversaw the deal
 
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I don’t even want to go to Mexico at all. No Mexican food either
 

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