Civil Law Suit
#1
Civil Law Suit
Hi
Does anyone know if a US company sues an individual for something like breach of contract and they leave the US can they still sue the individual in the UK?
I would assume there would then be NO way of returning to the US?
Thanks
Paul
Does anyone know if a US company sues an individual for something like breach of contract and they leave the US can they still sue the individual in the UK?
I would assume there would then be NO way of returning to the US?
Thanks
Paul
#2
Re: Civil Law Suit
Planning to go out with a bang then, Paul?
I imagine it depends how determined the company is to get the individual who breached contract with them. Just how much have you pissed off the company who's threatening to sue you?
I imagine it depends how determined the company is to get the individual who breached contract with them. Just how much have you pissed off the company who's threatening to sue you?
#3
Re: Civil Law Suit
Originally Posted by dbj1000
Planning to go out with a bang then, Paul?
I imagine it depends how determined the company is to get the individual who breached contract with them. Just how much have you pissed off the company who's threatening to sue you?
I imagine it depends how determined the company is to get the individual who breached contract with them. Just how much have you pissed off the company who's threatening to sue you?
Oh a fair bit, but then again I was just the first of many Brits they hired that quit within weeks!
#4
BE Forum Addict
Joined: Dec 2003
Location: Waukee, Iowa
Posts: 1,583
Re: Civil Law Suit
Originally Posted by immunise
Hi
Does anyone know if a US company sues an individual for something like breach of contract and they leave the US can they still sue the individual in the UK?
I would assume there would then be NO way of returning to the US?
Thanks
Paul
Does anyone know if a US company sues an individual for something like breach of contract and they leave the US can they still sue the individual in the UK?
I would assume there would then be NO way of returning to the US?
Thanks
Paul
It very much depends on the determination and wherewithall of the company concerned. If they want their pound of flesh, and have the resources to get it, they can make your life miserable indeed.
Now, what you can do is just ignore them, in which case they may drop it. If they are adamant to screw you over, however, they'll get (a) a civil judgement against you in your absence, and perhaps (b) an arrest warrant if they can convince the judge that you may have committed a crime (their lawyers will do their damndest to make sure there's a felony thrown in). It won't be enough to deport you from the UK, but enough to make you never able to set foot in the US again without facing a shitstorm.
Do not shirk legal counsel if they come after you with guns blazing. I've been through this scenario myself and I am a changed person - professionally - for it. PM me if you want the details.
Last edited by CalgaryAMC; Nov 21st 2004 at 6:33 am.
#5
Re: Civil Law Suit
Originally Posted by immunise
Hi
Does anyone know if a US company sues an individual for something like breach of contract and they leave the US can they still sue the individual in the UK?
I would assume there would then be NO way of returning to the US?
Thanks
Paul
Does anyone know if a US company sues an individual for something like breach of contract and they leave the US can they still sue the individual in the UK?
I would assume there would then be NO way of returning to the US?
Thanks
Paul
My gut feeling (and I'm not a lawyer, please see my sig) is that the former employer can sue someone outside the US.
#6
British/Irish(ish) Duncs
Joined: Jan 2003
Location: Cambridge MA, via Mississippi and Belfast Northern Ireland.
Posts: 700
Re: Civil Law Suit
Originally Posted by NC Penguin
I'd also check the State Laws concerning hiring and "firing" practices. It varies from State to State. Even without a written contract, there may be legislation that defines "breach of contract".
My gut feeling (and I'm not a lawyer, please see my sig) is that the former employer can sue someone outside the US.
My gut feeling (and I'm not a lawyer, please see my sig) is that the former employer can sue someone outside the US.
You cannot be sued in the UK for actions taken, or contracts entered into in the USA. However that does not leave you scott free. You can still be sued in the USA in absentia and if judgement is obtained in a U.S court against you then the plaintiff can use that order to petition a UK court for an order of enforcement in the UK. This is limited to money orders/damages only and does not include injunctions or other conditions etc.
On a connected note the introduction of a U.S criminal charge would make life hard as well. Under the new 2003 USA/UK extradition treaty, that our freedom loving Home Sec Blunkett signed us up for last year, it is now a lot easier for a UK citizen to be extradited to the USA, without needing to bother with such legal hassles as demonstrating a prima facie case to a Uk court in support of the extradition warrant i.e the legal standard a UK magistrate must apply to you in determining whether you should be sent for trial in a UK crown court does not apply for you to be put on a plane and handed over to such fair legal jurisdictions as eg. Texas. Lets not forget that some states dont even have proper public defenders systems e.g Mississippi and a number of other shit kicking southern holes.
In all i would suggest you make sure you avoid getting any kind of criminal charge but on the civil front its a lot less of a hassle and worst case they can get a UK court order for money.
#7
Re: Civil Law Suit
Originally Posted by Duncs
In all i would suggest you make sure you avoid getting any kind of criminal charge but on the civil front its a lot less of a hassle and worst case they can get a UK court order for money.