How do I sue an "American Based" Company?

TM1976

Premier wrote: »

Unfortunately, you'd have to sue the american company in an american court.

It's not true that because the company is registered in the US you have to go to a US court. The company is clearly managed and operates from the UK, so it has to comply with UK law. A US court cannot make a judgement on UK law - it has to be done in the UK.

Premier_2

neneromanova wrote: »

...We've taken him through the small claims already and actually won via default as he never sent the forms in. (We sued his home address and him) Then it was nearly time for the bailiffs, he sent a letter in saying that his company is US based and the small claims came back to us and said sorry nothing we can do as that's US based...

That's not the way it should work.

If you have judgement by default, the guy would need to apply for that judgement to be set aside. He'd need to give reasons as to why he never responded to the original claim ... but in reality it's quite easy to have such a judgement set aside.

Unless the judgement has been set aside by the court, you can still attempt to enforce it.

If it has been set aside, then the court will want a defence from the defendant, which may be that he denies he owes you the money himself and possibly an application to stike out that original claim. Unless you had accepted that defence, then chances are the matter would go to a hearing (unless someone had already provided documentary evidence to the court such as the original contract indicating that you were trying to claim from the wrong legal entity, in which case the court may have agreed to the application to strike out the claim without a hearing...but you'd normally have had a chance to defend an application to strike out if one had been made)

Premier_2

TM1976 wrote: »

It's not true that because the company is registered in the US you have to go to a US court. The company is clearly managed and operates from the UK, so it has to comply with UK law. A US court cannot make a judgement on UK law - it has to be done in the UK.

Where is it clear that the US company is operating in the UK?

You can't put the name & address of an american based company on a UK summons.

If the US company is operating in the UK, it should have a UK registered number and a UK address .
http://www.companieshouse.gov.uk/forms/generalForms/OS_IN01_registration_of_an_overseas_company_opening_a_uk_establishment.pdf

TM1976

Premier wrote: »

Where is it clear that the US company is operating in the UK?

The guy who lives in the Plymouth is the manager/owner. If he is acting as an officer of the company, engaging people to undertake services for the company in the UK it's got to be done in accordance with UK law.

TM1976

Premier wrote: »

(unless someone had already provided documentary evidence to the court such as the original contract indicating that you were trying to claim from the wrong legal entity, in which case the court may have agreed to the application to strike out the claim without a hearing...but you'd normally have had a chance to defend an application to strike out if one had been made)

This appears to be what has happened as the OP has made the order against the director rather than the company.

Premier_2

TM1976 wrote: »

The guy who lives in the Plymouth is the manager/owner. If he is acting as an officer of the company, engaging people to undertake services for the company in the UK it's got to be done in accordance with UK law.

I added a bit to my previous post.

Just beacuse an owner or manager has a place of residence in this country doesn't mean that the company is operating from this country.

I know many directors of UK companies that reside abroad. They don't operate their business in the country they reside in, they operate a UK based company.

neneromanova

Thanks for the info everyone was a great help.

So when I fill in the Tax Evasion form what do I need to put? I can't exactly put "he didn't pay me so I'm hoping this will screw him over" can i? :rotfl:

Savvy_Sue

Put what the situation is: "he is claiming that his company does not have to pay a debt because they are based in the UK but he is living the life of Reilly here." Or something similar.