Legal Question in Business Law in California

Non Payment of a lawsuit (part 2)

This is a follow-up to a previous question posted on 5/15/2007. Many thanks to the honorable Mr Whipple and Mr Hoffman for their advice. The second part of my question is: If the law firm has obtained a judgement against me for non-payment of their invoice(without my knowledge or notification), can they legally extend their reach to countries outside the USA, such as the UK in order to pursue payment?

Thank you.


Asked on 5/29/07, 11:16 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Non Payment of a lawsuit (part 2)

There is a treaty between the governments called the Hague Convention for Service of Process. It is cumbersome and process would have to be served through the highest judicial court in the land. At the same time, they would have to domesticate the judgment in the UK which might not be as easy as doing so in another state of the U.S. In the U.S., the party's judgment is afforded full faith and credit by the U.S. Constitution. In the U.K., I suspect that it's not as formal, but treaties probably govern that as well. In that case, the legal term is comity. They can accept the U.S. judgment, but certain requirements would have to be met. Check with a solicitor for further details.

I don't know if the other lawyers suggested it. If a judgment had been entered against you without your knowledge, you can retain an attorney and move to set it aside for lack of notice. But your quick legal response after notice is essential.

Read more
Answered on 5/29/07, 11:37 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Non Payment of a lawsuit (part 2)

It is possible that the law firm gave legally sufficient notice even if you didn't receive it. When a plaintiff is unable to find a defendant despite due diligence, the court can allow service via publication. This procedure requires the plaintiff to publish notice of the lawsuit in a newspaper that serves the community where the defendant's last known address was located.

If the law firm served you via publication then the judgment against you is valid. You may still be able to have it set aside, but you will have to act quickly. Even if you are entitled to such relief you will lose that entitlement unless you act quickly.

Whether and how the firm can enforce its judgment in the UK is a question of British law, so you should ask a local lawyer. But remember that even if you block enforcement where you are the judgment will remain in place. Nothing a British court can do will have any effect on the judgment.

Read more
Answered on 5/29/07, 2:57 pm


Related Questions & Answers

More Business Law questions and answers in California