Crossborder alimony, from Poland to Austria. I'm pretty sure everybody on the forum can figure out that I'm in Poland by now, so I don't care.
The lack of Habeas Corpus on the continent is so grindingly ridiculous to me--it's manifestly evident that trial in absentia is a miscarriage of justice, but despite the exemplar being present and freely understandble, no continental country has ever said "hey, this is a good idea, we should write it into our laws!"
Crossborder alimony, from Poland to Austria. I'm pretty sure everybody on the forum can figure out that I'm in Poland by now, so I don't care.
Is the problem that they proceeded with a court case against you even though you were not present? Habeas corpus is about imprisonment. I'm not sure it would prevent that, although other fundamental legal principles certainly do.
The lack of Habeas Corpus on the continent is so grindingly ridiculous to me--it's manifestly evident that trial in absentia is a miscarriage of justice, but despite the exemplar being present and freely understandble, no continental country has ever said "hey, this is a good idea, we should write it into our laws!"
I would find it surprising if there is any country that does not have this written in its laws. It is a different matter if you're actively avoiding being served in order to avoid the suit. If you're served but do not appear, then judgment by default will be issued against you.
Did you actually have competent legal advice on this matter of yours?
In common-law, the court needs proof that defendant has received the summons and is either present, or has an advocate. I never received a summons since it was sent to the wrong country, and there was no advocate in the proceedings. Just a real shit-show all round. I didn't have any sort of legal advice at all because I was never made aware there was a process until it was finished and sealed and the execution run against me by polish bailiffs. I got competent advice later--the lawyer (Polish) said that they basically railroaded me, and any lawyer could have stopped them in their tracks had I known there was a case and been defended. Unfortunately, summons in Europe, as near as I can see, only need be sent. They don't seem to need proof of receipt.
Might I ask the approximate or precise location (depending on how doxxing-proof you are) of the country where that happened?
Basically, the only places that have habeas corpus are countries that are based on English common law, and thus magna carta.
Crossborder alimony, from Poland to Austria. I'm pretty sure everybody on the forum can figure out that I'm in Poland by now, so I don't care.
The lack of Habeas Corpus on the continent is so grindingly ridiculous to me--it's manifestly evident that trial in absentia is a miscarriage of justice, but despite the exemplar being present and freely understandble, no continental country has ever said "hey, this is a good idea, we should write it into our laws!"
Is the problem that they proceeded with a court case against you even though you were not present? Habeas corpus is about imprisonment. I'm not sure it would prevent that, although other fundamental legal principles certainly do.
I would find it surprising if there is any country that does not have this written in its laws. It is a different matter if you're actively avoiding being served in order to avoid the suit. If you're served but do not appear, then judgment by default will be issued against you.
Did you actually have competent legal advice on this matter of yours?
In common-law, the court needs proof that defendant has received the summons and is either present, or has an advocate. I never received a summons since it was sent to the wrong country, and there was no advocate in the proceedings. Just a real shit-show all round. I didn't have any sort of legal advice at all because I was never made aware there was a process until it was finished and sealed and the execution run against me by polish bailiffs. I got competent advice later--the lawyer (Polish) said that they basically railroaded me, and any lawyer could have stopped them in their tracks had I known there was a case and been defended. Unfortunately, summons in Europe, as near as I can see, only need be sent. They don't seem to need proof of receipt.