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Civil Law Suit

Civil Law Suit

Old Nov 21st 2004, 4:55 am
  #1  
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Default 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
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Old Nov 21st 2004, 5:46 am
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Default 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?
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Old Nov 21st 2004, 5:51 am
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Default 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?

Oh a fair bit, but then again I was just the first of many Brits they hired that quit within weeks!
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Old Nov 21st 2004, 6:31 am
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Red face 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
Yes they can. Absolutely. Don't dick around with this kind of thing if your company is half competant. It can be very nasty indeed. If they proceed, they won't come after you with just a civil case, they'll come after you with nastiness like "felonious theft of proprietory materials" (which could be something as minor as a word file or an excel spreadsheet on your laptop) and things that, as a layperson, you wouldn't have even thought of.

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.
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Old Nov 21st 2004, 2:55 pm
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Default 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
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.
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Old Nov 21st 2004, 8:24 pm
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Default 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.
Your gut is wrong. I keep saying this. The UK and the USA are entirely SEPERATE LEGAL JURISDICTIONS. This means laws/or agreements from one are NOT enforceable in the other jurisdiction absent an international treaty and/or domestic provision, i.e. in England the Foreign Judgments (Reciprocal Enforcement) Act 1933 and the Civil Jurisdiction and Judgments Act 1982.

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.
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Old Nov 22nd 2004, 1:37 am
  #7  
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Default 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.
mmmm a criminal charge in this case is very unlikely, looks like I am UK bound!
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