1948 Case with Luigi Paiano

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1948 Case with Luigi Paiano

Postby dojo » 14 Jul 2014, 20:38

Hey everyone, I will be starting a 1948 case with Luigi Paiano this week. I will document the case here on the forums, and try to respond to any questions anyone may have. I have gathered all the necessary documents, have them apostilled, and translated. They will be going in the mail this week to Luigi Paiano's law office in Bologna.

If you have any insight, please feel free to share.

dojo
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Re: 1948 Case with Luigi Paiano

Postby mler » 14 Jul 2014, 22:56

There is a pretty extensive thread on 1948 lawsuits at italiancitizenship.freeforums.org Your experience will be helpful to everyone considering this approach. If you have time, consider posting there as well. The more people who see it, the better.
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Re: 1948 Case with Luigi Paiano

Postby manu » 14 Jul 2014, 23:46

Dojo, I'll be doing the same in August. Currently on the process of gathering all necessary documents. I'm also at italiancitizenship. I'd appreciate you telling us about your experience.

Thanks for sharing!
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Re: 1948 Case with Luigi Paiano

Postby jennabet » 15 Jul 2014, 13:44

Ciao dojo, what are Mr. Paiano's fee's looking like these days? Two years ago, he quoted my companion's older sibling 4,000 US and an extra 800 US for each additional person in the family wishing to join the suit, i.e., adult children. These fees did not include the administrative fee for court costs and the filing of documents with the commune. Are your fees about in the ballpark?
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Re: 1948 Case with Luigi Paiano

Postby AdrianBattaglia27 » 15 Jul 2014, 18:04

Congrats. Luigi won my lawsuit last year -- if you have any questions just message me!

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Re: 1948 Case with Luigi Paiano

Postby dojo » 15 Jul 2014, 20:26

Today I mailed all of the documents to Luigi.

I have posted the same topic on the italiancitizenship.freeforums.org website and will update it with the same information as I do here.

@manu best of luck to you as well! I'm looking forward to finally starting the process.
@jennabet that is about the same as what his fees are for me
@adrianbattaglia thank you, will do!
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Re: 1948 Case with Luigi Paiano

Postby beretta302 » 27 Jul 2014, 13:59

Hi all,

I was reading a lot about the 1948 court decision, I could take lot of information from this forum, but I still have some questions addressed especially to the people who already finished their process.

-Once the decision is done, how much it would cost to pay the taxes and register the decision in the commune in order to have the final paper?, please details needed if possible.

-Is the tax paid after the decision is different than the tax paid to start the court process?

-What is the maximum time to wait between final hearing and court decision?

-What is the maximum time to wait between court decision and having the passport in hand?

-Did anyone hear about Luigi Paiano losing a 1948 case?

Thank you in advance for your help.
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Re: 1948 Case with Luigi Paiano

Postby AdrianBattaglia27 » 27 Jul 2014, 19:36

As a 1948 case winner, let me say that there are no exact dates. Every case moves along on its own. some take considerably less time than others and it's beyond our ability to change that- just depends on the judges. Mine was three years from start to finish. Ive read of other cases taking half that time. The taxes are nothing compared to the legal fees -- nothing to worry about really no more than a couple hundred bucks. as far as I know since winning the first case on appeal, luigi hasn't lost a 1948 case since. I would advise great patience... as with all things Italian, things move slowly, but sometimes you get lucky.
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Re: 1948 Case with Luigi Paiano

Postby DRuss » 27 Jul 2014, 19:41

beretta302 wrote:Hi all,

-Is the tax paid after the decision is different than the tax paid to start the court process?

-What is the maximum time to wait between final hearing and court decision?

-What is the maximum time to wait between court decision and having the passport in hand?

-Did anyone hear about Luigi Paiano losing a 1948 case?


There are taxes paid to start a trial, and some more to get a certified copy of the decision and certificates registered.

The time between the final hearing and the decision is usually a few months, but I don't know what relevance that has to anything - you won't know if it's the final hearing until after the decision is received, because the government has the right to appeal.

From the day of the decision, the reports so far have said anywhere between 5 months and one year. However, it could be longer if your comune is slow.

I haven't heard of a lost case.
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Re: 1948 Case with Luigi Paiano

Postby beretta302 » 28 Jul 2014, 00:52

Hi DRuss,

I was reading that after the decision is received that the government has the right to appeal for a period of time, is this right? or the appeal happens after the final hearing?

Thank you anyway for your answers.
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Re: 1948 Case with Luigi Paiano

Postby DRuss » 28 Jul 2014, 12:11

beretta302 wrote:Hi DRuss,

I was reading that after the decision is received that the government has the right to appeal for a period of time, is this right? or the appeal happens after the final hearing?

Thank you anyway for your answers.


The Ministry of Interior (which your case will be against) has the opportunity to indicate that they wish to appeal the decision. I believe it's two or three months. The judge may also decide to investigate your documents at any point during the trial process, which could add a year or more to your case.

The best advice I can give is to just sit back and wait for it to happen. There is no way to know how long the process will take until you have the final certificates in your hands. All you can be sure of is that it will take at least 15 months.
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Re: 1948 Case with Luigi Paiano

Postby dojo » 28 Jul 2014, 21:02

I just wanted to update. Luigi has received my documents, and he has given them to an Italian translator to be sworn they are accurate.

He said the courts are closed until mid September and that my case will be brought before them around then.

Any questions or experience, please share.
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Re: 1948 Case with Luigi Paiano

Postby AdrianBattaglia27 » 28 Jul 2014, 21:12

Congrats! Now you'll just have to go on with your life and be patient, the time will go by and before you know it you'll be a citizen!!
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Re: 1948 Case with Luigi Paiano

Postby dojo » 26 Aug 2014, 19:31

Just an update, I have received the scanned images of the remaining translations I needed as well as the sworn assertion from Luigi's translator, Mrs. Borlotti. They look extremely well done and professional, very impressed with her work.

Next step: Case gets introduced to courts on September 15.

Stay tuned.
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Re: 1948 Case with Luigi Paiano

Postby Aeloza » 27 Aug 2014, 01:42

AdrianBattaglia27 wrote:Congrats! Now you'll just have to go on with your life and be patient, the time will go by and before you know it you'll be a citizen!!

Hi Adrian! I have read with great interest your experience with Paiano and the process in obtaining the citizenship.
Could you please tell me about the rest of the process. What were the steps after you get the final decision?? Thanks! I need to know how to proceed when I won my case!!
Thanks a lot!
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