Former Postal director wins lawsuit: Court upholds lien on bank accounts country and PSS

POSTED: 07/6/14 5:42 PM

Country St. Maarten and Postal Services Sint Maarten NV lost their urgent summary proceedings against former PSS-director Denicio Richardson on all points. Judge Katja Mans denied yesterday afternoon the country’s and PSS’s request to lift the liens Richardson put on all their bank accounts at the Windward Islands Bank.

Richardson was satisfied with the outcome of the lawsuit. “It was a hell of a fight and challenge for me, but I did it and won against them again,” he stated. At the same time, the former PSS-director realizes that the war is not over yet, because the government has two other court cases going against him. One of these cases is the appeal against the June 3 ruling that ordered the country and/or PSS to pay Richardson more than 430,000 guilders (around $240,000). “They are trying everything to break me. This is costing me a lot of money before I even receive one guilder,” Richardson stated.

Richardson served the June 3 verdict to his adversaries on June 18, but the country and PSS did not pay. Richardson reacted by putting liens on bank accounts of the country on June 24, and on accounts of PSS two days later.

The country and PSS initiated urgent summary proceedings asking the court to lift the liens and to rule that Richardson has to put up collateral. The court denied both requests.

The country’s argument that the liens affected its operations fell on deaf ears with the court. “It has not appeared that the large and urgent post of salary payments, that had to take place this week, could not be executed due to the lien,” the court ruling states.

The argument that executing the June 3 verdict (by paying 430,000 guilders to/Richardson) would create an acute emergency situation for PSS, did not hit home either. PSS presented financial information to substantiate this argument but the court ruled that these were not new facts, because it has not been established that this financial situation came into being after the June 3 verdict. The presented documents indicate the opposite of a bad financial situation, it appears from the ruling.

Based on these considerations, Judge Mans denied the request to lift the liens.

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