1948 Case with Luigi Paiano

[Qliner]

No worries. I couldn't figure out how to do that, but I have the site for our trial so it's fine. I can't believe, after three years of piecing together the puzzle of my mother's legacy for 11 people, we're finally at our trial date in less than 10 days! Sept 27. We are all worried, our case has some confusing issues, my mother's name is not the same (I mean, completely different) on various documents. Very nervous!

[manu]

Don't worry. If Luigi has told you they can get over it, it surely means they will. Keep us posted. In bocca al lupo!

[Qliner]

That's what I keep telling everyone, I don't think he would take the case if he didn't think he could win.

[Qliner]

Ok judge saw our case and now we have to wait for a decision. I was thinking we would get one right away, but Luigi says it can take up to 4 months for him to deposit his decision. Arg more waiting!

[manu]

It generally never takes that long. Mine was 11 days, and it was published the day after. Relax

[Qliner]

Thanks, that's really good to hear. I'll keep you posted, there are about 18 of us affected!

[KARINNORTH]

Sorry to hijack this post but I need some advice when it comes to having docs apostilled in South Africa - I don't know how to start my own question!!!!

I need to know if any South Africans have been through the process of translating and appalling docs. I have had this done but Luigi Paiano won't accept them. I have now been to 3 attorneys and they all say that they all do the Apostille in the same way!

I had the original birth and marriage certificates translated by a sworn translator. Then I took the original translations and the original certificates to an attorney who made photocopies of all the originals and apostilled the copies, certifying them as true copies of the originals. When I said that I wanted him to apostille the originals, he said that they are not signed in front of him and therefore could not swear that they were genuine. He could only certify that the copies that he made of the docs that I gave him, were true copies.

Also, he wouldn't apostille all 18 documents individually - he bound them all together and had the whole bundle sealed and stamped and then had the bundle signed off at the High Court.

Luigi Paiano wants the originals apostilled individually. I am desperate . - I just don't know what next steps to take. I would appreciate advise from a South African because I think that appalling docs may be different in other countries. Thanks in advance. Karin

[KARINNORTH]

Sorry....predictive text kept on changing "apostille" to "appalling"!!!!!!

[Edienlson]

Hi Karin
Well here in Brazil we took all the original documents/certificates (in our case in Portuguese), then we translated to Italian with a certified translator /sworn translator and then an official authority makes the "apostille" (Hague Convention agreement) - one by one individually - both the original in Portuguese as well as their translations.
Therefore, only original documents were apostilled. So Luigi Paiano accepted them without problems.

[Qliner]

Here in the US, I had to send each document to it's own state and have each document apostilled individually. Each document has the apostille attached to it stating it's authenticity. I also had to pay for each document apostilled.

[manu]

@Karin It's illegal to apostille documents 'as a bundle'. Whoever told you that has absolutely no clue what they're doing and should be fired.

[scoziaitaliano]

@ Karin - I'm not South African but it seems to me the difficulty you are facing here arises from your lawyer seeking to apply an apostille when that would normally be an act undertaken by the State. It sounds like what your lawyer is actually doing is notarising the documents - i.e. applying a notarial seal to confirm that the documents are true copies - which is not really relevant here and is separate from an apostille. An apostille is effectively the State confirming that a document is genuine on the basis of the signature / seal applied to it. On this basis, the apostille will need to be applied to each individual document. The State will have a central register of signatures / seals which this is checked against.

If the South African system is similar to that in other English speaking countries then it should be possible to obtain extracts of the marriage and birth certificates from the relevant Registers in South Africa and then have these apostilled (or 'legalised') by the Department of International Relations & Co-operation (DIRC): http://www.dirco.gov.za/consular/legalisation.htm

In the case of the power of attorney you need to supply to Luigi, then again if the system in South Africa is the same as in other English speaking countries then this document will need to be signed in front of a lawyer / notary public whose signature / seal is registered with the DIRC and thereafter also apostilled. This *should* be the only document you will need to have a South African lawyer sign if the system is the same as elsewhere.

Only once the apostille is fixed to any documents do you need to consider translations, as the apostilles need to be translated too.

Hope this helps

[KARINNORTH]

Here in the US, I had to send each document to it's own state and have each document apostilled individually. Each document has the apostille attached to it stating it's authenticity. I also had to pay for each document apostilled.

Hi there Qliner. We're you able to have your power of attorney docs apostilled too? Luigi has told me that he needs them to be apostilled too! I have one power of attorney document that I got corn US and I need to get that apostilled - it was witnessed by a Notary Public in Palm Beach....so will I have to send it back there? Logic tells me I will have to send it there. Where would I find out where I need to send it? Thanks in advance.

[Ledman]

Hello everyone,

I am American and am currently in a 1948 trial with Luigi Paiano. This form has been immensely helpful and so would like to post my questions and thoughts to help others out.

After taking a year to successfully locate and apostille all necessary documents (luckily the birth, marriage, and the naturalization records were ALL found), I have entered into trial with Luigi. My first payment was in September and was translated at the same time.

I was told I presumably won't back until around March.

I am wondering if this is when the court date is or when a court date would be decided?

Any guidance would be helpful!
Thank you!!

[Qliner]

Yes, the apostille for the power of attorney tells the Italian court that the notary public is legitimate. Basically every doc needs to have an apostille. You send it to the office in your country that creates the apostilles, I would assume it is the same place you had the other docs done. In the US it is done at the state level for docs administered by the state and federal for docs that were administered at that level, such as a naturalization document, but I'm not sure how you would do it in South Africa. Good luck, I am still waiting for our court decision.