The Municipal Court in Opatija rulled in an Alimony case (P. br. 4-P-61/14) that finaces of the father which were available in 2007 are accountable into his ability of paying child support in 2014 !!!!
Below the translation for the appeal after a incompetent verdict:
APPEAL
• Of course, this verdict fell as I expected on the assumption that I had in the whole process before court.
• Of course, this judge must verify the verdict she did already in 2006. Where, aswell a number of errors made P-541/05 .
• Of course, I will no longer participate in the court process as it is visible that cadres of judges are incompetent as they are selected by political and eligibility criteria. Such judges are not able to efficiently carry out their duties . With this appeal I’ll also try to start the procedure before the Court of Human Rights in Strasbourg , as this incompetent and corrupt system in Croatia does not protect me. The truth is just being ignored. It is clear that I’ll be homeless soon and that this court will sell off the last of what I have in this country. As when the sale of my house will be done, I’m sure that it will not be enough to settle the claim of debts in child support, after the court and the lawyer takes his usurious fees !!! If one does not have sufficient financial resources to hire a lawyer or bribe someone, then there is no law or legal protection in this country for that kind of person.
• Of course, related to child support ( for one child ) a total of seven cases are conducted against me in 2014 . Two criminal , two distraint and three litigious cases . It is very clear that this is for the good of the biggest and best organized criminal organisation in Croatia, which has their way for legalized robbery in HR . The same submission and letters from the lawyer (< I removed the name, but happy to give it to anybody who wants to knwo> very difficult for me to think that this man is a gentleman , but still he has his right to respect ) spins in all procedures .
• Of course, that this judge accepts documentation and submissions from the lawyer thought they were not submitted on time and passed the deadline set by this court.
• Of course , like in the year 2006 (case P-541/05 ) , before this same court and before the same judge , history is repeating itself as the court accepts incorrect and undetermined facts . In 2006, this same jugde, accepted from the counterparty unsubstantial statements that I had rental income from two apartments in Pobri ( each about 50m2 ) and a barn in Matulji ( 40m2 ) , of annual 55,000 Euro ( approx. 412,500.00 Kuna) . If we divide this amount to monthly rental , then each apartment ( or barn ) is supposed to be rented out for around . 11,500 Kuna per month ( or approx . 1,500 Euro ) . It is not clear to me, how this court could accept such a statement ! ! In this case now, this court accept again all statements without any objection or the request of evidence.
• Of course , my submitted documents or statements are not taken into account at all!
• Of course, where do I life to ask for a lower alimony of 1100 Kuna for a 10 year old . I barely gathered last month half of that amount which I paid into the account of the mother.
• Of course, that the mother of my child can not afford all these variety of cultural and sporting events , as she is divorced from an American millionaire from her first marriage were she receives for another child 10.000 kuna per month in alimony. I guess, like me 99.9 % of all Croats can not afford that kind of luxury cultural and sporting events described in the statement.
• Of course, I was sentenced in the proceedings in Pula to eight months jail for not paying child support .
• Of course, my complaint is not founded , as this court accepts specified properties from the 2005-2007 , which I sold in an attempt to save a company with over 35 employees ! The same company has been struck off the registrar by the state with a total over two million kuna of my personal giving to the company in it . The same company has collapsed due to uncollected debts , that this system here in Croatia has so excellent developed.
• Of course, you do not believe me that I first learned in another court case that I had to submit a complaint to lower child support . I was convinced that my visits and submission of documentation to the social services in Opatija was all I had to do!
• Of course, the social services in Opatija has not informed any court in regards to my situation , but the social services in Opatija did not forget to file a criminal case against me, and that twice . Once in Pula and the other in Opatija.
• Of course, the state pays 540.00 Kuna in child support for the last three years to the mother which is worth about 200 million kuna . Now I understand why this government has no more money to give to people in need, which might not even be able to afford food!!!
• Of course, this judge is not considering the testimony of the employees of the social services in Opatija nor the documentation I have submitted to them for the last seven years. Where for example, there are documents which show that on several occasions I was left without electricity and water .
• Of course, this court will start the process of selling my house ( thought the house does not have permits needed ) , thought it is my only source of income. As the law in Croatia says, I’m not even allowed to offer it or advertise the house for sale .
• Of course, this court will resolve that and my house will be sold at the end to the mother of my child for peanuts. Without taking into acount that the house has an value assessment from before 10 years of € 385,000.00 .
• Of course, by the time the attorney , court , and nearly forgot the alimony , I’ll still owe money!!! I really wonder how this court will proceed with the sale , AS the house does not have all permits and therefor can not be advertised or sold .
• Of course, that this judge did warn me about article 284 , 299 , blablalblanbla … etc. WITHOUT ANY explanation what that means ! ! Now , as the court delivered a verdict, all is nicely stated what I was supposed to deliver ( evidence of indebtedness , working ability, frozen bankaccount, bills , Income proof , etc. ) , but it is easier to proceed with a court case , as when one party does not know the court procedures . I think, that judges in this country have a duty to explain what some laws mean, especially if one of the parties involved in a court case does not have a lawyer! !
• Of course, that the lawyer filed a countercharge and is now seeking 10,000 kuna in monthly child support. I received a prison sentence of eight months in the court case in Pula , which I will have to serve at the end of the conditional period, as I could not pay 2500 Kuna. I wonder how I’ll pay 10,000 Kuna in future!
• Of course, now it’s not important any more if the income specified in the procedure P-541/05 was correct or not . And now, in this court case, the same judge takes into account the entire property list I have been forced to sell in 2007!!! It is not even important if the statements and submissions to this court are false or not. Who would be concerned with that!!!!
• Of course, that the new judge in the countercase will judge against me . As I see that in this case here, were the balance / sale of real estate from 2005-2007 is taken into account for child support in 2014. To be honest it will not hit me by surprise . The new jugde should rule that I have to pay 50,000 kuna per months, as I’m sure the lawyer can dig out my statements from 2002 when i arrived in Croatia being a EURO millionaer . So the lawyer should reconsider the countercharge and maybe just file an addional lawsuit asking for more money . I believe that every court and judge in this country will accept that !
• Of course, the question asked by the judge in her rulling “is to whom in these proceedings does not respect the laws of the Republic of Croatia” , should be answered by somebody else then me.
• Of course, I was able to work in 2006 until I was several times a week at the social services in Opatija , in court hearings , constant interrogation by the police and prosecutor for false accusations from my ex wife. None of which have led to a criminal charge against my ex-wife. Sometimes I do regret that I did not die last year , as I would not need to suffer all of this !
• Of course, the County Court confirmed a judgment in the process Gž-1538/07 . How would they not, when a person has an income from some € 50,000 per year, he is able to pay 2.500 Kuna. Also they did not investigate if it was possible to achive such a high amount for two apartments and a barn ! At the same thought, I have never seen that one judge of another that he/she is wrong . I do not expect less from this appeal, but I will procede and continue to find a judge , which is not political motivated , influenced by the party , government or collegue lawyers.
• Of course, that the judge in this case had the time to review all sales contracts from 2005 to 2007 . But I can not understand how this has anything to do with the real situation NOW in 2014 ? ?
• Of course, that the judge in this case had not the time to question employees from the social service in Opatija or even get a statement from them, as I suggested before that court. It might have brought some light in this, by reviewing the documentation that I have submitted to them at every meeting over a period of nearly 7 years .
• Of course, that the judge in this case did not understand why I will not accede to the scheduled hearing . As it would have meant to she would have had to read the submission that I submitted on 03/21/2014 .
• Of course, that the judge in this case did not understand why I will not pay for translators ( which I need as it is impossible for me to follow the discussion in court ) , as there are a variety of procedures before court , and I simply do not have the money to pay for each hearing 300.00 Kuna . My Croatian is not that good , that I could participate in a hearing !
• Of course, that the verdict says that I have to pay for the lawyer costs !!! Although I did not have a lawyer , I still have to pay . Wonder that this is the case when it concerns child support and family law . It is amazing that they did not request that court costs have to be paid as well.
• Of course, the lawyer statement that I’m stalling this court and the process is totally ridiculous. I just want to get a verdict ASAP, so that I can get onto a higher level of court and maybe a judge who actually reads the law. Then I’ll get involved in this farce! !
Michael Schmitt
Any further information or person who want’s to get in contact can do so via mail at schmitt@net.hr
Croatian Judge takes income from 2007 into account for Alimony payable in 2014
No comments:
Post a Comment