• Can i file Case against USA based company from India

Hello

I am from IT company based at India and we were working with one of IT company based at USA and after 2.5 years customer is now not paying huge bill . He is keep promising to pay me and crossed all deadlines even after that 2-3 deadlines are giving but keep promising and not giving money.

Now how can i file case from India to him ? Do i need to go to USA if i file case from India on every hearing ? then it will be not worth for me if i needs to for every hearing. 

He is saying that he don't have money so now do i file case from India or will it worth ? because it would be really time consuming.

So need suggestion if anyone knows about this ! Waiting for suggestion
Asked 2 years ago in Business Law

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16 Answers

Your contract must have jurisdictional clause for resolution of disputes 

 

file suit as per clause in your contract for resolution of disputes 

 

better file suit in USA as disposal of suit would be faster

 

your personal presence is not necessary on each date 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

See you can engage a firm in US to file case on your behalf and contest same see even if you file a case in India, the order cannot be enforced in US so file case in US.

Before that take help of US diplomates to recover the amount file a complaint with the US embassy against the company.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

IS there any agreement executed between companies ?

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

If the company has any office in india.  If not then any arbitration clause then you can invoke that clause. The jurisdiction of your agreement will come in play.  If it's in foreign then you need to file the same there.  You can hire a lawyer and exempt your presence on all dates

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Hi,

Did you sign any contract or is there any letter contracting your services?

If there is you can also file a letter to the police for criminal breach of trust, criminal conspiracy.

 

Yes you can file a case against the company. But a little more can be said once you can show the relevant documents to a lawyer.

 

Richa Bharadwaja
Advocate, Delhi
25 Answers

4.8 on 5.0

1.  Case of cheating, breach of trust, fraud, intimidation was possible, IF the person of USA was in India.  Hence no complaint is possible in India against such USA person.

2.  Alternatively you can make written grievance complaint to the local American embassy /consulate, with proper documentary evidences and they would initiate inquiry and subsequent prosecution.  Based on this the USA person might settle with you.  TRY.

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

you can engage lawyer from USA  and file case,  your personal appearance is not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

You may visit your agreement terms and conditions for taking any legal action to recover your dues. 

Where's the  jurisdiction for settling the disputes?

Is there any arbitration clause?

Is the contract based on Indian law or US law. 

You may ascertain all the details and consult a lawyer in the local and proceed on the advice received. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

A company which is based in USA must be having their liaison offices in india. You can sue them. You can also sue them in india and the court shall issue notices to the company.

Also the IT sector ombudsman should be contacted and the organisation for IT should be kept in the loop.

Regards 

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Yes case in us is only maintainable.  India has no jurisdiction

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Emails are admissible in evidence 

 

don’t have references of lawyers in USA 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

See the evidence shall be treated as per the US law and yes they are proof and record of your conversation. Further for an US attorney in particular state where the company is situated you need to approach locally. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

In which state of USA the case has to be filed?

yes if you win the case then court will provide you the fee

 

regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
335 Consultations

5.0 on 5.0

The lawyer's in US are not like India.

There no such system called percentage of the amount after winning the case etc.

In USA the consultation fee alone is more than $100 USD.

The lawyer's fee are exorbitant in USA.

You can get lawyers in the internet also who will react to your requirement on their terms

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Better file in India, as agreement confirmation given from India.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Dear Client 

It will be better if you file a suit in USA for fast disposal of case

contact some law firm in US for filing the case your personal presence in not necessary for every hearing. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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