What to Do If an Attorney or Notary Steals From You in Costa Rica

When you place money, property documents, or legal authority in the hands of an attorney or notary, you are relying on both a professional and a regulatory system.

Most legal professionals act responsibly. But misconduct does occur—and when it does, the consequences can involve lost funds, improperly transferred property, or years of legal cleanup.

If you believe something is wrong, you must respond quickly, calmly, and methodically.

This guide explains how.

Stop. Organize. Document.

Before making accusations, gather facts.

Collect:

• Bank wire confirmations
• Escrow instructions
• Signed contracts
• Copies of public deeds (escrituras públicas)
• Emails and written messages
• Invoices and receipts
• Corporate certifications

Create a written timeline of events. Include dates, amounts, and representations made to you.

Do not rely on memory. Write it down. Preserve documentation. Avoid emotional messages that could complicate your legal position later.

Clear records protect you.

Confirm Whether It Is Misconduct or Delay

Not every problem is theft.

Delays can result from:

• National Registry backlogs
• Tax system processing
• Municipal filings
• Administrative errors
• Temporary escrow holding periods

Request a written accounting. Ask for proof of filing. Request registry tracking numbers.

If the response is evasive, contradictory, or unsupported by documentation, escalation becomes appropriate.

Verification is not confrontation. It is responsible oversight.

Understand the Reality of the Oversight System

Professional misconduct in Costa Rica is a recurring and documented issue. Formal complaints against attorneys and notaries are filed every year, and the disciplinary system can be slow to deliver meaningful consequences. Investigations often extend for months or even years, and affected clients may see little immediate relief while cases move through the process.

That does not mean there is no remedy. It means you must act strategically and with realistic expectations.

Prevention is always more effective than recovery.

File a Disciplinary Complaint

If the issue involves ethical misconduct, you may file with the Colegio de Abogados y Abogadas de Costa Rica (for attorneys) or the Dirección Nacional de Notariado (for notarial acts).

These institutions can:

• Investigate professional misconduct
• Suspend or revoke licenses
• Impose sanctions

They cannot directly recover your money. A disciplinary complaint protects the public. It does not replace civil or criminal action.

File a Criminal Complaint if Fraud Is Involved

If funds were intentionally diverted, property transferred without authorization, or signatures falsified, you may file a complaint with the Ministerio Público.

Possible criminal classifications include:

• Fraud (estafa)
• Breach of trust (administración fraudulenta)
• Falsification of documents

Criminal proceedings require evidence. Engage independent counsel immediately.

Consider Civil Action to Recover Losses

If you suffered financial harm, you may pursue civil litigation to:

• Recover funds
• Seek damages
• Challenge or nullify fraudulent transfers

If real estate is involved, obtain an updated property certification immediately and confirm ownership status.

In urgent cases, your attorney may request precautionary measures (medidas cautelares) to prevent further transfers.

Time matters.

Avoid Public Accusations

Posting accusations on social media may:

• Compromise your legal position
• Expose you to defamation claims
• Interfere with investigations

Costa Rica’s legal system is document-driven. Formal filings carry more weight than public outrage.

Handle disputes through official channels.

Prevention Is Stronger Than Recovery

The oversight system exists—but it is not fast.

Your strongest protection is careful selection from the beginning.

Before engaging an attorney or notary:

• Confirm they are in good standing
• Verify registry filings yourself
• Request written escrow terms
• Keep certified copies of executed deeds
• Know exactly where your corporate books are held
• Avoid undocumented cash arrangements

If you want to keep legal books safe in Costa Rica and protect corporate records in Costa Rica, you must remain involved. Responsible custody and verification reduce risk.

Due diligence is not distrust. It is prudence.

Final Perspective

Costa Rica’s legal framework provides remedies: disciplinary review, criminal prosecution, and civil recovery. But none of those processes move overnight.

If you suspect misconduct:

Document carefully.
Seek independent counsel.
Act through formal channels.
Move quickly—but calmly.

If you need guidance on how to protect your corporate records, verify registry filings, or maintain responsible safekeeping of your legal documents, we can walk you through the process clearly and practically.