• Legal remedy when a debtor has fled the country

Dear sir,

We were serving as a sub contractor majorly labor based work for a Spanish multinational firm which used to take up road project work in India.
We have provided service over a period of 2013 to 2016. We have recieved payment up to 2015. The company went bankrupt in 2017 & has filed for bankruptcy protection in its head office in spain. As per legal contract entered into with the company on its letter head signed by both myself & its representative in India, payment terms is mentioned within 30 days.

Now the director and his team have fled the country & I cannot trace them. The Indians who were behaving as staff have resigned due to non payment of salary.

I have no visible road of recovery ahead.
Asked 8 years ago in Labour

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3 Answers

even if you sure the Spanish multinational in India chances of recovery are bleak

2) company has filed for bankruptcy in Spain as assets may not be sufficient to meet its liabilities

3) file your claim with the Liquidator in Spain

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

If this company is being winded up in Spain, try pulling out information about the stage at which the said proceedings have reached. Try reached out to the liquidator seeking recovery of your dues.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If you have the address of the company's foreign office, you may engage a advocate of that country and issue a legal notice by attaching the relevant documents to prove your claim.

You may get some reply at least.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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