Sunday, October 2, 2016

My last defense

I have made my last defense with support from friendly lawyer and send to court in legal terms 

They never listen my ,,, they never want to checking what I sad 

All of them hope with this to broke my and get my down 

I have translate on English with google , sorry for any mistake have done 

What else can by done ?

But i do not want to give up on this live , I live with my had up I shall fight to died with my had up 


File no. 11468/300/2016 - Court of Sector 2 Bucharest
Section Common Fully - 23U2 (C3 Monday)
CONTEST: Dragos Cristian Gherasim
Deadline: 27/09/2016, amân.pron. on 04/10/2016
 Written conclusions 

Mr. Chair ,Pre .

The undersigned GHERASIM DRAGOS, CRISTIAN  , residing in Bucharest, str. County, no. 15, block 17, entrance 4, ap. 120, sector 2, because the appellant in that case nr. 11468/300/2016 pending before that court,
                            Conclusion I submitted IN WRITING concord ante with oral argument, the S-President Public deadlinedated 27.09.2016, the admission of appeal as filed and also the admission of the application for suspension of enforcement until the final settlement of this dispute to enforcement.
***
                            1. In cases brought before the Court of Sector 2, Bucharest under no. 11468/300/2016 file, I did undersigned appeal to execution estate, showing that the execution carried out under Execution File no. 276/2015/2016 of BEJA Boambeş and Badea is illegal and abusive, as they are obliged to carrying amounts that they owe, bailiff and court enforcement of creditor being misled with regard to the claim pursued.
                         Actual claim is in the amount of 13.618 lei, as the amount allegedly owed in case no. 35982/300/2012 has been paid in full and in bad - faith, association resumed amount and in case no. 4245/300/2010. In other words, the respondent lending me running for a debt nonexistent or, rather, I'm running twice for the same amount, a sum already paid (a kind of triple taxation for the same payment obligation).

                            2. Although we are in an appeal conducted pursuant to execution of judgments, since the amounts are made up of odds maintenance creditor and that the association not hesitate to foreclose real estate, apartment knowing that the requested rates it is my only home and the financial situation does not allow me another, it can not take into account the amount that my allegations followed, which determined the execution expenses clearly higher than real, is not calculated correctly. It is easy to see that the last column of the table on payment obligations, shown monthly at the staircase of the building, instead include all maintenance costs, envisages penalties / other debts to be passed in a previous entry, not Keep instead of abuse or other interventions. Although this was highlighted by both accounting expertise developed in the files that were issued writs of execution, the incomprehensible finally not taken them into account.
                            For example, d is noted that expert opinion in case no. 4245/300/2012 shows that there are a number of inaccuracies regarding the list of expenses, such as a column in the table on payment obligations - "Rent speakers, 9.2% penalties, compensation", which is passed randomly, summing sundries, but in the end did not take account of it, and my objections were not received because he cried because in my absence, I'm going to file later. Not to mention the various charged unjustified expenditure on repairs randomly each owner, the undersigned having a share of maintenance for 2 people, higher than other neighbors.
                        The fact that the creditor does not operate according to the law shown and debts that the state recordedfor the period 2008-2011, pay taxes and contribute to CAS for employees, public data on the websites of those institutions.

                            3. Both of the legislation on owners associations and the law, we note that enforcement and the estate more so, is an extreme solution, which should be considered as a last resort, there are other ways to pay claimssuch as staggering debt, establishing a payment schedule accordingly real possibilities, enforcement by seizure, another embodiment movable etc. The fact that the respondent credit went straight to foreclosure raises serious questions about the fairness and legality of its activity, and therefore the claim pursued.

                            4. Please have to suspend enforcement until the final settlement of this dispute, since the legal conditions for this request: the undersigned, for good reasons, the main event of the loss represented my right of ownership of apartment no. 120, my only home, put up for sale by public auction Execution recalled file, we formulated suspension request, in writing, I stamped it and I paid the bail set by the court.