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Complex Litigation in Costa Rica: How We Protect the Interests of Foreign Clients

The million-dollar question isn’t whether your Costa Rican legal dispute will be complex. It’s whether your legal team understands the intricate dance between international business expectations and local legal realities.

Every month, foreign investors discover that Costa Rica’s legal landscape operates by its own rhythm. What works in New York, London, or Toronto doesn’t necessarily translate to San José courtrooms. The difference between winning and losing often comes down to one critical factor: having legal representation that thinks globally but acts locally.

At Guardia Montes Abogados, we have developed a proven methodology for handling complex litigation involving foreign clients, grounded in five core principles:

  1. Simultaneous legal and commercial diagnosis

Before initiating legal action, we conduct a rigorous analysis of the facts, available evidence, and commercial context. This diagnostic phase follows a protocol we apply without exception: every legal strategy must be anchored in verified facts and an evidence-based foundation. This is especially critical in Costa Rica, where the reliability of public and notarial records can vary significantly.

Our firm enhances this process through legal technology platforms that allow us to track each case in real time, anticipate procedural movements, and provide our clients with timely and verifiable reports.

  1. Risk estimation and scenario modeling

We don’t sell illusions. We build realistic scenarios. Our clients receive projections of timelines, costs, potential outcomes, and associated risks so they can make informed decisions from day one.

  1. Procedural strategy tailored to client profile

Some clients want to litigate every aspect; others prefer tactical resolution. We adapt the litigation strategy to each client’s risk tolerance, reputational considerations, and business objectives.

  1. Clear, bilingual, and ongoing communication

Each litigation is managed with operational discipline: timelines, periodic reports, hearing minutes, and all relevant updates are shared in English if required. This provides control, transparency, and peace of mind.

  1. Post-judgment enforcement and strategic defense

Our work does not stop at judgment. We support our clients through enforcement, appeals, and compliance, including judicial collections, property liens, asset protection, and foreclosure proceedings.

Litigating in Costa Rica doesn’t have to mean uncertainty. With a disciplined team, transnational experience, and a strategic legal plan, litigation becomes a tool to protect and enforce your interests. At Guardia Montes Abogados, we are ready to lead that defense with you and for you.

A Canadian company holding a mortgage guarantee on a property in Guanacaste successfully executes its rights thanks to timely injunctive relief, expert local appraisals, and a litigation strategy designed and led by our team from day one.