Fines, lawsuits and legal defense
What to do if you get a fine, a summons or a lawsuit: deadlines, appeals and how to defend yourself in time.
11 questions answered by licensed lawyers and accountants.
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I signed a promissory note, borrowed money from a moneylender, and he's charging me sky-high interest, almost double, and threatening to take my house. Can you help me fight this abuse?
Of course. What they're doing to you has a name, and the law punishes it: no one can charge you usurious interest or threaten to take your house just because. We review the promissory note you signed and the real terms of the loan. Then we tell you what's legally enforceable and what isn't, because a good part of what they're charging you often isn't. And we defend you. You're not alone, and you don't have to put up with abuse. Book your free appointment and let's keep talking.
Can you help me collect from someone who owes me?
Of course. If someone owes you and won't pay, there are legal ways to claim what's yours. You don't always have to go to court: a well-handled collection demand from a lawyer often gets the payment unstuck. We review what proof you have, whether invoices, transfers, messages or a signed document, and tell you which options you have and which to try first. Watch the deadlines, because debts can also expire under the statute of limitations. Ask for your free appointment and we'll tell you the next steps.
A former employee filed a labor lawsuit against me saying I owe him prestaciones sociales (severance benefits accrued by law), but I don't think I owe him that much. Will you defend me in that case?
We'll defend you. The first thing we do is calculate what's actually owed, based on his length of service, his salary and the items that really apply. And this matters, because in the vast majority of these lawsuits the amount claimed is higher than what the law provides. With that calculation in hand, we either defend the case or negotiate a reasonable settlement, whichever works best for you. The urgent thing is not to let the procedural deadlines run out. Whenever you're ready, we'll book a time and review your case.
My company handles data for lots of customers, their cédulas (Venezuelan national ID cards), their emails, and I'm worried about getting sued if something leaks. Can you help me stay legally compliant on data protection?
We'll help you comply, and you're smart to get ahead of it. Protecting your customers' data rests on Venezuela's Constitution, in Articles 28, 58 and 61, and those articles give rise to concrete obligations for anyone who handles other people's information. We review how you collect, store and use that data. We draft your privacy policy and the confidentiality agreements with your staff and suppliers, and leave you with a system you can defend if a claim comes. Book your free consultation, no strings attached, and we'll guide you.
A big client won't pay me, and I already tried the friendly way. Will you handle the collection through legal channels?
We will. When a big client won't pay the friendly way, it's time to change the tone and do it right. First, a formal legal collection demand, which is often enough because a serious company doesn't want a lawsuit hanging over it. And if they don't respond, the appropriate lawsuit. We review your invoices, purchase orders and proof of delivery, which is what backs up your claim. And watch the deadlines. Book your free consultation and we'll advise you.
I manufacture a product and I'm afraid someone will sue me over some harm. How do I protect myself as a manufacturer?
We protect you, and it's a front almost no manufacturer deals with until they get sued. Product liability is handled in several layers: how your labeling and usage warnings are worded, what your warranty terms say, how you document quality controls and batches, and what coverage you have. All of that together is what defends you if someone files a claim. We review it and put it together for you. Book your free consultation, no strings attached, and we'll point you in the right direction.
I registered my trademark and now someone is opposing it, saying it's similar to theirs. Will you defend me at SAPI?
We'll defend you at SAPI (Venezuela's intellectual property office). Someone opposing your trademark on the grounds of similarity doesn't mean you're going to lose it. It means your case has to be argued and proven well, on the right grounds and within the deadlines, which is where most people lose out through carelessness. Our lawyer prepares and files your defense and follows up on it. The key is not to miss the response deadline, so the sooner you write to us, the better. Ask for a free appointment and we'll talk it through.
We handle it with this procedure: Response to a trademark opposition
A government agency hit me with a fine that's unfair. Can I appeal it, or do I just have to pay and keep quiet?
You can appeal, and more often than people think. A fine isn't a court judgment: agencies make mistakes, misclassify things or impose penalties without following due process, and the law gives you remedies to challenge them. The critical part is time, because those appeals have short deadlines, and once they pass, the fine becomes final and there's nothing left to do. We review your case and file the appropriate appeal. Book an appointment, it won't cost you a thing, and we'll get the conversation going.
I went after someone for a debt, and he started putting his assets in relatives' names so he doesn't have to pay. Can that be pursued?
Those assets can be chased down, and the law has tools for it. When a debtor starts moving assets into the names of relatives or third parties right when you demand payment, there are legal actions to challenge those transfers and go after the assets. It's not automatic or simple, and it has to be proven, but it's done and it's won. The key is to act fast and document well what's happening. Our lawyer reviews your case and tells you which route you have. Book an appointment, it costs nothing, and we'll explain your case.
I got a fine and I don't even understand what it's for. What do I do?
We read it, explain it to you and take care of it. First, don't stick it in a drawer, because fines have deadlines to pay or to challenge them. Bring us the paper and we'll tell you which agency issued it, for what reason and how much time you have. Then we see whether it makes sense to pay it, fix what caused it or file an appeal. Request your free consultation and we'll review it today.
I'm afraid an inspection will show up and catch me with things out of order. Can that be prevented?
We review everything before whoever needs to show up shows up. We do a preventive review as if we were the inspectors: books, permits, payroll, invoicing and whatever your line of business requires. We point out what's in good shape and what needs fixing, and we fix it with you. If the inspection comes, it finds you ready, and we're with you that day. Ask for a free appointment and we'll do that review.