My recent involvement in La Yacata business has been nearly non-existent especially since I last tried to quit the Mesa Directiva (Community Board of Directors) some time ago. (See Trying to bow out of La Yacata). I still answer questions and attend to people who brave the ferocious Chokis and knock at my door, point them to their lots, issue new certificates when lots change owners, and so on, but not much more.
So I was surprised when a few days ago, SuperPrez called me. However, I missed the call. He then sent me an email. Guess it was pretty important. He told me NOT to sign anything that R2 brought to my door and requested a meeting. In case you don’t remember, R2 is the brother of R1 who resembled Ronald McDonald and wanted to be president of La Yacata. R2 is also a lawyer and former presidente (mayor) of Moroleon and presented our case at court when we were slammed with 3 demandas (lawsuits). (See Demanda 1, Demanda 2, Demanda 3).
Anyway, I met with Super Prez to find out what was going on. It turns out that R2 (otherwise known as Rata (The Rat)) arrived at his office and threatened to sue La Yacata for nonpayment of services rendered. All righty then. When we had the discussion with R2 about payment for his services (see Negotiating for La Yacata) he gave a figure of 15% of the first lawsuit and 10% of lawsuit 2 and lawsuit 3 which gave us a rough amount of 300,000 pesos. However, we never signed anything that agreed to that sum either then or later. This was a verbal estimate on R2’s part, just so we could approximate what we could offer the well-hole driller.
As acting treasurer, I pulled together a list of colonos (community members) who have paid the $250 we requested from them to pay the lawyer’s bill and a list of the receipts I received from Rata when payment was made. Not including SuperPrez’s payments, the association has already paid 75,000 pesos to Rata. There is currently just under 3,000 pesos in the treasury. That 75,000 seems like a big chunk of money to me, especially since Super Prez and I did most of the work and he just handed it in all lawyered up and all.
Now here’s where it gets interesting. Rata’s receipts for this 75,000 were unofficial. He didn’t have copies. He crossed out things and wrote other things right on the receipt, technically making them invalid or at least suspicious. One receipt was on a sheet of torn notebook paper. He did this so as not to declare the income and pay taxes on it. Hmmm.
Another interesting thing is that Chuchi is living in La Yacata. Yep, without water, electricity or sewer, just like the rest of us. Reportedly the reason is he lost his house in a debt payment. If you’ll remember Demanda 2, Chuchi tried to present into evidence the lien on his house in town that he took out to purchase the water rights for La Yacata. However, he had purchased the water rights in his own name, rather than in the name of the association. Furthermore, the person who sold him those rights listed as the lien holder of his house was a friend of SuperPrez and informed him that Chuchi defaulted on the payment and returned the water rights so as not to lose his house.
Chuchi also has several outstanding judgments against him in Ministerial Publico (Public Ministry) for lots that he sold that he did not have the right to sell, in other words, FRAUD.
Now I don’t know if Chuchi lost his house because of those fraudulent sales or the water rights issue or some other shady deal he had going on, but it just goes to prove La cantera da muchas vueltas. (What comes around goes around).
What strikes me as odd is the timing of R2 threating to sue La Yacata. R2’s earnings increased every single time a demanda (lawsuit) landed in our laps. It was in his best interest for these lawsuits to keep coming. He used the same defense for all three–so no additional work on his part. Then there was that comment Chuchi made to Rata “le encargo mio” (Keep my issue in mind) after we received the response to our offer from the pozo guy (See Negotiating La Yacata–The Response) What was that all about?
All of these thoughts, I shared with SuperPrez during our meeting. The approach he’s decided to take is to offer Rata (R2) Chuchi’s house in La Yacata, where Chuchi is currently living. HA! As Chuchi has no documentation giving him rights to that property, SuperPrez is in his legal rights to claim it and sell it (or in this case give it away). If Rata finds that deal unacceptable, well, we can start talking legal again. We could sue Chuchi for injury and hardship to the community in order to pay Rata a sum he feels is fair. Of course collecting it would be Rata’s problem. Or we could call a press meeting and show how Rata, the former president of Moroleon, is trying to squeeze the poorest of the poor for money. Remember, we have no electricity, no water or sewer. That would be fun!
SuperPrez is to meet with R2 (AKA Rata) sometime next week and lay our cards on the table. Guess we’ll just have to wait and see.