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
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
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
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.
IS there any agreement executed between companies ?
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
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.
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.
you can engage lawyer from USA and file case, your personal appearance is not required.
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.
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
I think best would be file a case in USA . Does any one have great reference in USA ? also worried about charges in USA would be $$$ so do i get my lawery's fee in case if we want as we have in India same thing that case winner can take even lawyer's fee as well. we have done agreement on 2017 but it was signed by them and I have done only Email confirmation .In contract there is no jurisdiction for settling the disputes is mentioned . But on email and Skype i have confirmation that there is X amount is due to pay us ! So email and skype would be valid proof?
Yes case in us is only maintainable. India has no jurisdiction
Emails are admissible in evidence
don’t have references of lawyers in USA
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.
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
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
Better file in India, as agreement confirmation given from India.
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.
