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Costambar is a beach community located in Puerto Plata, Dominican Republic.
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 Status of Court Action Against Non-Payers

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Join date : 2009-04-10

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PostSubject: Re: Status of Court Action Against Non-Payers   Status of Court Action Against Non-Payers Icon_minitimeSun Aug 09, 2009 3:11 pm

Thank you for the update! I appreciate hearing what has happened with this, and I appreciate your good work on our behalf. Greetings from Michigan.
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Join date : 2009-05-04
Location : Costambar

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PostSubject: Status of Court Action Against Non-Payers   Status of Court Action Against Non-Payers Icon_minitimeSun Aug 09, 2009 2:18 pm

This is an update on court action against Costambar property owners who owe APC maintenance dues. We began by selecting a group of 12 property owners who have failed to pay their dues to APC in general for 2 years or more and owe APC more than $30,000 pesos. The most egregeous offender of this selected group owes APC $250,000 pesos, not including any accumulated interest and penalties.

All 12 offenders were served legal notice by the "Procuraderia Fiscal Del Distrito Judicial De Puerto Plata" to appear in the court before a majistrate for a "compracencia" or an opportunity to settle the matter amicably without resorting to civil action. Most of the offenders appared in the court. A few failed to appear despite repeated notices.

One of the offenders chose to settle the matter out of court and made a downpayment of $30,000 pesos and signed a promisory note obligating him to pay the balance and future dues in monthly installments of $3,500 pesos until the end of year 2010.

Three of the offenders who failed to appear in the court were issued court orders for "conducencia" giving the National Police in Puerta Plata the authority to bring the offenders to court. We chose not to execute these orders for the moment in the interest harmony and peace in Costambar, but reserve the right to do so at our choosing in the future.

The remaining eight offenders chose not to settle the matter amicably. A decision was made to initiate civil court action against four of these offenders who owe APC between $50,000 to $250,000 pesos. One of them is a past President of APC.

An attorney was retained, who has accepted to work on a contingency basis. The very fact that this attorney has accepted to work on a contingency basis, and his research on the history of Costambar, the creation of APC, the legal contracts binding the sale of land in Costambar, and the contracts signed by APC with the municipality of Puerto Plata, make him and us confident that we (APC and the paying property owners) have a strong case. We are seeking a court judgment for back dues plus interest and attorney fees.

Thus far APC has spent $3,500 pesos, a paultry sum considering the millions owed to APC and all of us by those who have failed to live up to their civic duty of paying their fare share and who unfairly expect others (all of us) to pay for them. The money spent thus far was for service of court and other legal papers.

As you all know legal matters take time. The Civil court in Puerto Plata is backed up and its calendar is rather full. The earliest court date for the first hearing we were able to get in the most egregeous case is late September, 2009.

We all need to have patience and let the legal process take its course. In the meantime the clock is ticking and interest on back dues is accumulating. Those who choose not to pay and settle their account amicably do so at the risk of having to expend legal fees and having to pay much larger sums in the end. Time is on our side, not theirs.

Stay tuned and I will provide you updates on further developments as they occur.

Yash Aggarwal
APC Board Member
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