Cyprus-Forum.com

[Svetlana]

Twinkle

Clearly, you would make an excellent Moderator for this Forum

Lana

[twinkle]

One of may various attributes.

Actually, I hate violence.

Try blackmail or extortion.....

[andri_cy]

lol twinkle.

[hunter]

Hi Lana,

have been to the cops, they refered me to CID but they weren't much help.

They said I should hire a lawyer.

Have you any idea how I can file it with the cops, so that it becomes a criminal issue??

thanx

[Kikapu]

Hi Lana,

have been to the cops, they refered me to CID but they weren't much help.

They said I should hire a lawyer.

Have you any idea how I can file it with the cops, so that it becomes a criminal issue??

thanx

Hunter,

Unless this person stole the money from you, and I mean stole it, then I don't believe it can be considered a criminal case. The fact this person owes you money, by either borrowing it from you, or a loan or whatever. If you gave the money willingly, then it is a matter of a civil case, which means you need to hire a lawyer, if it is a large amount of money.

In the USA, we have what is called "small claims court", and if someone owes you money or property worth up to $5,000 US Dollars, you can file the court case yourself and do not need a lawyer. I don't think filing fees should be very much at all. If the other person shows up to court or doesn't, and you win your case, then you will have a judgement against them. You still don't have your money, but you can use the judgement to put a "lien" towards their property of business. It will also earn interest until he pays you. If he never pays you, then once the property is sold in the future, you will get your money + interest. What you need to find out is whether such "small claim court" exists where you are and what the maximum amount you can sue for. If you have enough evidence that this person owes you money, you will win.

[Svetlana]

I approached a lawyer regarding this matter asking if this was a Criminal as well as Civil matter, she said:

On the debt point, yes, unpaid debts and bounced cheques are imprisonable matters, so make sure you pay up!


Lana

[Kikapu]

I approached a lawyer regarding this matter asking if this was a Criminal as well as Civil matter, she said:

On the debt point, yes, unpaid debts and bounced cheques are imprisonable matters, so make sure you pay up!


Lana

Lana,

I would agree that writing bad checks is a criminal offence, but a debt could be anything. If the Police ignored her and asked Hunter to see a lawyer, it can only be a civil matter. I would like to know what the debt is really to make a better assessment of her situation. Someone may commit a "fraud" for example in a business deal, which is illegal, but your course of action may only be through civil action against them.

Hunter,

The person that is "indebted" to you. If he doesn't have money or property for you to put a lien against, I would say, don't waste your money with the lawyers. All you would be doing is throwing good money after bad money. If it is a criminal case, then the State will provide the lawyer, and if the State goes after him, I'm sure he will find the money to pay you.

By the way, I don't know a thing about Cypriot law, so you might want to see a lawyer as to what your options might be, depending on the amount of money owed to you.

[andri_cy]

Kikapu, CID isnt a lawyer. Its a law enforcement agency. In Cyprus owing someone money can be an imprisonable matter if there is a contract or any other proof that this person has to pay up.

[Svetlana]

Hi Kikapu

Sorry, I do not know if you live in Cyprus (if so you may be as, or more, familiar with the culture here) but the fact that the Police don't want to pursue a matter does not mean it is not an illegal activity, it means that they simply cannot be bothered. I have a friend who spent time in Nicosia Jail, because of her bad debt.

I appreciate that in most countries this is not a criminal matter but my understanding, backed by the lawyer I called yesterday, suggests that it is here.

Lana

[elko]

Hunter

Overdue debt is a criminal offence here (as opposed to a Civil matter), I believe, so the debtor can go to prison - the threat of this may be a better motivator than the prospect of a long drawn out Civil case.

Lana

Unless things have changed drastically in the last 30 years or so in south Cyprus, this is not the case.
If somebody owes you money and has no intention to pay, you go to court and get a judgement against him. Then you take out a writ and if the court bailiff finds anything worth selling, he confiscates them and then sells them in accordance with the rules, too many to count here.
If there is nothing to sell which is often the case (despite the fact that he uses the latest model of Mercedes car registered in his wife's name), you apply to the court for an order to pay in monthly instalments in accordance with his earnings and not the amount he owes. If he defaults on monthly payments you apply to court to send him to prison usually for a month "for disobidence of court order". If he proves that he is out of work and had a good reason not to pay, he goes free. If he goes to prison for non payment of a particular instalment, he will not go to prison again for that particular instalment but if he wins the lottery and has money you can take out a new writ to sell off his assets.
ismet