Off To Court We Go…

This blog is dedicated to the oxymoron called the Czech Judicial System.

Well, I went to court once again and, yet again I will go to court.

Back in July a representative from the “bitovy podnik” - the organization that handles the property that’s been stolen from people, takes rents from them and supposedly repairs any problems within the residences – did not show up at court because he "didn’t get notice in time to make arrangement to come to court". The judge summoned him again, to show up in August. The judge mentioned in court: according to Czech constitution law people were to get back property. The two lawyers for the city and the state were visibly stunned, argued and were told that this is the law. I was very hopeful. My lawyer was visibly pleased because he said it would be over in August.

In August the representative from the bitovy podnik did not show up and the judge fined the organization 10,000 CZK – not for my benefit, but for the court’s. He could have, according to Czech law, have found in my favor but chose, instead, to postpone the proceedings until September, insisting that the representative be present. The two lawyers for the city and state were unhappy that they would have to come back to court yet again, since it seemed that the judge had already made a decision in my favor the preceding month anyway. I was very angry and my lawyer explained that the judge obviously didn’t feel that it was proper to make a decision without the rep being there. We went round about it and finally I decided to wait one more month.

My lawyer was confident that things would be finalized this time. The man who wants to buy the house (who has restituted property after his 7 year wait, and who owns property on Václavské nám.) and his son, who just graduated from law school here in Prague, came along to hear what was going on.

So, last week we went to court and the representative did show up. He explained that there was no reason for these proceedings because the city owned the property. Both the city and state lawyers looked astounded as this was pronounced, my lawyer jumped up angry and Jan, the son, was translating for me so I understood what was going on. At the end, the judge said this was a very complicated case and we would postpone until October 5^th.

Now I really understand what’s going on. Czech constitution law states that people who live in what was once private property will restitute the private property without tenants. The bitovy podnik would be responsible for finding new apartments for the people who currently reside in my house. The law is different for people who live in apartment houses. In that situation, the city is not responsible for relocating tenants, but the owner is. Therefore, if I were to make an agreement with the bitovy podnik to allow the tenants to stay, I would probably get the house back faster.

However, it would cost approximately 3million crowns per tenant to move them out. Without tenants, the house is worth about 1.5 million dollars – with tenants, less than 1 million. Is it worth it for me to give up ? million dollars? I think not. Therefore, I shall stay and fight.

Now, the people who want to buy the house are driving me crazy with conversation (always in Czech, which I don’t understand, and am tired of listening to). They are willing to give me money to go to the States to get Vlasta and bring here back here to sign papers giving me power of attorney and to make an agreement with us to buy the house. The original deal was that they would give me 20 million crowns (approx. $870,000) after taxes and paying the lawyer. I would get a net 20 million. Last night, the deal changed: they will give me 20 million and I would pay the tax (5%) and the attorney (10%). That would net me approx. $740,000. Because of this, I no longer trust them. This is unacceptable and I’m going to begin talking to real estate agents again. So the saga continues.