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Cyprus Eastern Forum Index » Legal Questions & Issues » Payment of lawyers fees
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Payment of lawyers fees 
Post: #1   PostPosted: Mon Mar 06, 2017 4:59 pm Reply with quote
sunnysuzie
Joined: 10 Jan 2006
Posts: 1301
Pictures: 6
Location: Oroklini

 
Hi,
I hope someone will know the answer to this!

Our lawyer took a non payer of communal fees to court, and she has to pay 50 per month. The first payment came in and was only 45, I questioned it and the lawyer advised it was their bank transfer charges, bearing in mind the debtor owes 1,400 plus legal expenses we cannot afford to loose 5 per month, especially when I know it is only about 1.50 bank charges.

The lawyer is going to get the debtor to pay direct into the committee bank but now wants their legal fees which is down to the debtor to pay, can they do this?

We do not have the legal fees to spare as we have another debtor who owes nearly 2,000, on a small complex of only 8 houses this is alot of money to be owed.

Any advise would be greatly appreciated.

Many thanks

Sue
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Post: #2   PostPosted: Sat Mar 11, 2017 1:14 pm Reply with quote
sunnysuzie
Joined: 10 Jan 2006
Posts: 1301
Pictures: 6
Location: Oroklini

 
Anyone Sad
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Post: #3   PostPosted: Sat Mar 11, 2017 2:41 pm Reply with quote
Steve - SJD
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Site Admin
Joined: 16 Jul 2005
Posts: 25209
Pictures: 55

 
If the non-payer was taken to court did the lawyer not add costs to the
amount that was being claimed?

Cheers

Steve
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Post: #4   PostPosted: Sat Mar 11, 2017 4:09 pm Reply with quote
Dave B
Joined: 25 Jan 2007
Posts: 1981
Pictures: 0
Location: Paphos Cyprus

 
sunnysuzie wrote:
Hi,
I hope someone will know the answer to this!
................................................................
Any advise would be greatly appreciated.

Many thanks
Sue

This is almost certainly not the answer you wanted but I am sure this is what you will find.


Winning a court case and being awarded costs may well not mean the claimant is awarded all the lawyers fees. Most jurisdictions have either fixed awards for type, or, case of a system of scrutiny known as "taxing".

I would be surprised if in Cyprus any such award for costs will cover the lawyers charges to you, only a proportion depending of the time the lawyer charged you.

Unless you have a separate agreement with your lawyer to collect the payments and defer his bill to the very end of any settlement, it is not surprising the lawyer wants paying and does not want the unpaid work of collecting arrears, for years into the future.

The court Judgement in your favour does not mean the complex is absolved of the lawyers charges or indeed the owner will actually pay up without further court actions to secure the debt against the owners real property in Cyprus (probably his apartment).
Only actually receiving 45 instead of 50 is technically a breach of court Judgement and award. However all you could do about that is go back to court, if the owner won't pay for the currency transfer charges.

Unfortunately legal action is not a magic pill anywhere and I guess especially so in Cyprus, This is the reason most complexes do not take non payment to court.

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Post: #5   PostPosted: Sat Mar 11, 2017 5:17 pm Reply with quote
2diffs
Joined: 19 Feb 2009
Posts: 2337
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Location: Dheryneia

 
Is there any lower limit on a debt which can be attached to the title of a property?

If there is room for 2000eu or so debts the solution for unpaid community fees is to register the debt against the property title so that the defaulter eventually has to pay his dues before the property can be sold.

In the UK we used a similar procedure called a garnishee order against the legal firm representing the vendor on a property exchange.

We were able to use this strategy to recover debts by locking up the sale proceeds until the debt was discharged.

Really pissed off the defaulter who thought he had got off scot free.
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Post: #6   PostPosted: Sat Mar 11, 2017 5:28 pm Reply with quote
journo
Joined: 22 Mar 2009
Posts: 5467
Pictures: 17

 
I'm on several committees for jointly-owned properties and when we've taken defaulters to Court, not only have they been ordered to pay up, but they have also been required to cover the lawyers' fees.

We are receiving the back payments - and the additional lawyers'/court costs.

Which appears to be encouraging other defaulters to pay up before legal action is taken Smile
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Post: #7   PostPosted: Sun Mar 12, 2017 8:32 am Reply with quote
Dave B
Joined: 25 Jan 2007
Posts: 1981
Pictures: 0
Location: Paphos Cyprus

 
2diffs wrote:
Is there any lower limit on a debt which can be attached to the title of a property?

If there is room for 2000eu or so debts the solution for unpaid community fees is to register the debt against the property title so that the defaulter eventually has to pay his dues before the property can be sold.



Only if the defaulter has title deeds. In this case, Suzie's complex committee has a judgement and only a very minor default due to FX charges. One presumes the terms of that judgement is that the complex committee is to receive the payments.
The last 2 posts omit the lawyers position and who pays his fees, at least initially. The obvious answer lies in the court Judgement and it would be surprising if the court had ruled that the complex committee was absolved of paying lawyers fees. While if costs were awarded (on a scale) the complex committee would still have the liability to pay the lawyer initially and then collect the outstanding at the 50 a month set by the court. The lawyer would be free to charge extra amounts to receive and re-allocate that 50 a month.

The final line must be the Complex Committee must pay their lawyer and accept the court awarded payments directly. Failing to do so could result in the Lawyer taking an action against the committee.

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Post: #8   PostPosted: Sun Mar 12, 2017 1:28 pm Reply with quote
sunnysuzie
Joined: 10 Jan 2006
Posts: 1301
Pictures: 6
Location: Oroklini

 
Thanks everyone for your replies.

The lawyers fees were added to the non payers costs, which is what is confusing me as the lawyer told me the non payer would be paying them, but when I asked for the committee to be paid direct to stop us loosing the 5 per month, they then asked for their fees up front. If I can charge the non payer the 5 per month transfer fees to her communal fees, I guess this would be the best way forward.

Sue
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payment 
Post: #9   PostPosted: Sun Mar 12, 2017 8:17 pm Reply with quote
emanon
Joined: 19 Jul 2007
Posts: 827
Pictures: 0
Location: Oroklini

 
The first lawyer I employed to do something, sent his invoice to the appropriate Court for taxation -purely his decision. The bill was reduced by a sizeable amount, so I was naturally pleased that he'd 'met his Waterloo'.
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Post: #10   PostPosted: Sun Mar 12, 2017 9:54 pm Reply with quote
snoutintrough
Joined: 18 Dec 2011
Posts: 98
Pictures: 0

 
journo wrote:
I'm on several committees for jointly-owned properties and when we've taken defaulters to Court, not only have they been ordered to pay up, but they have also been required to cover the lawyers' fees.

We are receiving the back payments - and the additional lawyers'/court costs.

Which appears to be encouraging other defaulters to pay up before legal action is taken Smile


Hi Journo,

Can you please PM me with the name and contact details of the Lawyer you use?

I have been told if the case is not defended the following court fees apply;

- for a claim up to 500 euros the fees are 160 euros plus VAT
- for a claim from 500 to 2000 euros the fees are 292 euros plus VAT
- for a claim from 2000 to 10000 euros the fees are 516 euros plus VAT

No one can predict the cost if the case is defended.

Do you know if this information is correct?

Regards

Snoutintrough
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Post: #11   PostPosted: Mon Mar 13, 2017 12:40 pm Reply with quote
sunnysuzie
Joined: 10 Jan 2006
Posts: 1301
Pictures: 6
Location: Oroklini

 
Our lawyer is charging 671 for a claim of 1,400, so I would be interested to see what is correct. We have already paid the out of pocket expenses.

Sue
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Payment of lawyers fees 
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