Is this possible? What country's law will be followed?

It depend's on issue, crime, business..etc

Of course it's possible.

There's two questions:

1. which is the applicable law
2. which is the competent jurisdiction

Giving an answer to these two questions, that's what Private International Law is all about. Ask a lawyer about the solution for your specific case.

our love for attorneys is never ending

the bottom line

what are they trying to get in terms of $$

what could they get with a decision that cant be oj'd

what would their potentila attorney costs be for pursuit of the suit

in then end screw them uless you really f'ed up

even then come and get it...

Originally posted by :P:
Is this possible? What country's law will be followed? IANAL, but had some experience with this many moons ago.

In general, I believe the suit must be brought in the country where the person/company being sued is located. The law followed is the law of the jurisdiction specified in the contract between the parties--this is usually the location of the company being sued. So, if you're in Britain suing someone in Virginia, US, it would be Virginia law.

A big catch is that if the defendant (company being sued) has any experience in international business, they will ask in court for the plaintiff (suing party) to post a bond ($$$) to compensate the court and defendant if the plaintiff loses the suit. In the case I have in mind, this stopped the lawsuit cold, as the plaintiff wasn't THAT sure of winning.

But if you really want to know, ask someone with an "Esq" after their name. :)

Duplicate ... sorry

What about suing from US to outside US? Such as bringing them to small claims court? I can't afford an lawyer for such small amounts. :bawling:

Originally posted by littlest
What about suing from US to outside US? Such as bringing them to small claims court? I can't afford an lawyer for such small amounts. :bawling: You generally need a local attorney to represent you in the other country's court. If they have a "small claims" system like the US does I imagine you could represent yourself--would you travel to the country? I'm not sure if/which countries would allow you to file small claim paperwork without being there.

If you think about it, there is rarely any practical way other than suing in the defendant's country. Even if you could get a court in your own country to issue a judgment against a foreign national, how would they enforce it? Most countries will not send a gunboat out to get your 30-day guarantee money back. :)

I don't know if the EU or other countries have agreements among themselves to enforce orders within their unions.

Well it isnt about a 30day money back thing. I was an affilate for a company in BC Canada and I happen to live in Seattle, WA which is below BC. So if I have to sue them in their country and be there, than that is doable... I made about $1000 from them and they never paid me. They said in the beganning of the year they would be sending out the payments, but they lied.

Thanks for the advice.

Blame Canada :D

But if you really want to know, ask someone with an "Esq" after their name.

That will be me then!

In our class based society, according to Debretts Peerage an Esquire is above a commoner and refers to someone e.g. having an arts degree from an ancient british university or being a member of a profession.

I assume it means something else in the US.

Gordon

Yes, you could sue in either country, but even if you got a judgement in the U. S. with them in Canada there would be no way for you to enforce it. So, that would mean you would have to sue in Canada. Now, let me outline a couple of possible scenarios:

You go to Canada to file suit...probably have to engage an attorney or spend considerable time. You sue. You go back for a court date. They seek a continuance. You go back (now your third trip). Best case, you win (but this could keep repeating itself). Now, you won...how do you collect? Still more work...and do they even have anything for you to collect? Was it an individual or a corporation or what? It could even take you considerable time and cost to find out who the right party to sue is. Oh, and what about your word versus their's. Can you get witnesses? Will they travel to Canada? Is it all in writing? Can you prove your case...with an attorney? without?

If you have the time and energy it might be worth it, but if you are like most of us, you have too many other pressing things to do that get tied up in this situation.

I know it isn't fair, but unfortunately being in the right doesn't always mean you will come out ahead. Sometimes, just best to learn from experiences and go on....not making the same mistake again.

I found this thread because I am based in Torotno, and looking at what my options are with a provider in the US. I paid a 15% advance for a large project, and the guy just took up and ran off. Paypal refuses to help because it was not a tangible item, I am tying to find out if I can file a small claims filiing from here

Sid

Yup I think it is possible

Originally posted by Newtatinea
Well it isnt about a 30day money back thing. I was an affilate for a company in BC Canada and I happen to live in Seattle, WA which is below BC. So if I have to sue them in their country and be there, than that is doable... I made about $1000 from them and they never paid me. They said in the beganning of the year they would be sending out the payments, but they lied.

Thanks for the advice.

The question peeked my interest, I found this bit of information for you to read
Enforcing US judgements in Canada (http://www.fasken.com/WEB/FMDWEBSITEFRENCH.NSF/0/2A922A191ACA19BB85256C4700652026/$File/WEBSITEMACKEWNUSJUDGMENTSPA.PDF?OpenElement)

Sounds like if you can somehow prove your case and get a judgment here in the US, there would be methods to recover the judgement, I'm guessing with a marshal type individual to act on your behalf after the Canadian court grants a motion for enforcement. With a little research, you should be able to find more information on the process.

Being a small claims court case cost a small fee, the deciding factor would be how much it may cost on the Canadian end.
In the Us you may be able to include certain additional fees you incur, so it doesn't sound as impossible as it seems.
And if the Canadian courts include enforcement fees and court fees you may end up even

I think if it was me, I would try it.

Let us know what you learn and decide.

Good Luck
Dee

I dont belive we will be persuing our case in US small claims court, the expense of goign there is as much as we are owed. Anyone have any other ideas what we can do to get our money back?