# Portuguese legal system (snails move quicker!)



## MGSMITH33 (Apr 11, 2011)

Hi - I'd really appreciate any views/feedback that anyone has...

I purchased a home in Carvoeiro in 2002. The house is substandard and the development was never completed (basically the builder was a cowboy and made lots of promises that he never kept). I started legal proceedings against the builder in 2008 and following a number of court hearings in Portimao - the final hearing took place in Sept 2010. I have received (through my lawer) the Judge summary but as yet, the judge has not issued her ruling. I have asked my lawyer to follow this up but her response so far has been '... we need to wait for the judge to issue & its not the done thing to chase up...'. I am very frustrated at the lack of progress - I was told my case was 'open & shut' as the builder was clearly in breach of contract and I am very concerned now that he will simply declare himself bankrupt and I wont see a penny of what I have paid him....

Has anyone had a similar experience or any experience re: snails pace that the Portuguese legal system works and any advice on if/how I can get things moving along


----------



## canoeman (Mar 3, 2011)

As annoying and frustrating as it is, personnally I wouldn't try to short circuit system in any way, but I would keep in close contact with your lawyer to make certain they are doing whatever is possible.

Judges and lawyers here don't react well to external pressure or critiscm.


----------



## omostra06 (Sep 11, 2007)

I know of a few people that have had to deal with the pt legal system, and they all reported that it was painfully slow, i agree with the above post, there is not much can be done except make sure you lawyer is keeping you upto date.


----------



## canoeman (Mar 3, 2011)

You should be a bit careful what you say and publish, lady in the Algarve got into terrible trouble with the Portuguese legal system, lost touch with it a bit, so not sure whether it's now resolved


----------



## Algarve (Mar 30, 2011)

canoeman said:


> You should be a bit careful what you say and publish, lady in the Algarve got into terrible trouble with the Portuguese legal system, lost touch with it a bit, so not sure whether it's now resolved


Well Glad you said it Canoeman ,I agree, I did post a thread to warn people about what they say but it was removed, for not letting people have freedom of speech , though thats what the forum was for, all the best


----------



## Benny Dorm (Mar 24, 2010)

canoeman said:


> You should be a bit careful what you say and publish, lady in the Algarve got into terrible trouble with the Portuguese legal system, lost touch with it a bit, so not sure whether it's now resolved


As I remember the case, the woman was so dissatisfied with her lawyer that she wrote a letter of complaint to the Portuguese Law Society and the lawyer sued her for defamation!!!!


----------



## MGSMITH33 (Apr 11, 2011)

Dear All

Thank you for the feedback - I have resigned myself to a long wait for the final judgement... My builder will have a good indication of the likely judgement from the initial summary issued following the final court hearing in Sept and has probably declared himself bankrupt or siphoned off any cash or assets held by his company to avoid repaying any monies to me... I am very disappointed and frustrated by the whole thing.

Does anyone know how I can find out if his company is still trading?

Kind Regards


----------



## canoeman (Mar 3, 2011)

MGSMITH33 said:


> Dear All
> 
> Thank you for the feedback - I have resigned myself to a long wait for the final judgement... My builder will have a good indication of the likely judgement from the initial summary issued following the final court hearing in Sept and has probably declared himself bankrupt or siphoned off any cash or assets held by his company to avoid repaying any monies to me... I am very disappointed and frustrated by the whole thing.
> 
> ...


Your lawyer should know, I would have thought he would have requested a hold on assets.
If he's a registered builder, then he should be registered with INCI

INCIHome

Construção


----------



## omostra06 (Sep 11, 2007)

canoeman said:


> Your lawyer should know, I would have thought he would have requested a hold on assets.
> If he's a registered builder, then he should be registered with INCI
> 
> INCIHome
> ...


he may well be registered with INCI until his license expires, but this does not mean the company is still trading. (INCI take forever to update their records). One way to find out is to contact him anonymously asking if he is willing to quote for some building work. This would let you know if his company is still trading.


----------



## MGSMITH33 (Apr 11, 2011)

Hi

Thanks for your suggestions. 

I did secure an asset freeze on a large plot of land he owns in Carvoeiro but this got thrown out on appeal on the basis that the value of the land far exceeded the value of my claim (the evidence to support this was an over-inflated valuation produced by his company!). I have a registered interest on my property instead - but this is in such a poor state of repair it is practically worthless - I doubt if I could give it away (note that I have not executed completion of the property so technically dont own this).

I get a large bill every time I ask my lawyer to do anything - very scary.

Kind Regards


----------



## omostra06 (Sep 11, 2007)

well hopefully you will get a satisfactory result when the ruling is announced.

I know that a lot of people when thinking about legal action here stop and weigh up the legal cost and time to make a case through the courts here. sometimes its better to lose a bit than spend more trying to get it back, must be very frustrating for anyone going through this sort of thing over such a long time.

Good luck, i hope it all goes well for you.


----------

