Legal Question in Business Law in China

Withholding payment

My brother, a musician, was recently in Taiwan with the Moscow Circus. He and his act were sent home because the circus was facing financial issues. They still have not been paid for their seven weeks of service. The circus is managed by a Taiwanese company. How can they get the money they have earned (over $5000 each)?


Asked on 12/04/06, 9:57 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Withholding payment

They may have a problem unless the Taiwanese company has an office in the US. If the company has a US office, they can be sued in the US under US law. If they do not have an office in the US, they may still be able to be sued in the US but, if it is possible, it will be more difficult.

If the company is bankrupt, employees are among the first in line to get paid by the trustee. Independent contractors, however, get in line with the rest of the creditors, so the form under which your brother was employed will matter.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 12/05/06, 11:41 am


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