Legal Question in Business Law in Germany

Re: What to do for Small Claims overseas

You should do the most simple thing - engage a lawyer in Germany and sue. In Germany lawyer fees are fixed in such fashion that for small claims also the fees are small; the same applies to court fees. In addition, the looser of a litigation has also to bear the cost of the winner. If your case is good (and if the adverse party is not bankrupt, of course), you should get your money quite easily. Mostly, litigation in Germany does not take much time either - Germany has probably one of the quickest system in litigation.

Re: What to do for Small Claims overseas

Let me add a couple of suggestions. Go to the nearest law library and find a copy of the "Martindale and Hubbel" directory (there is also an online version...do a yahoo/google search). Look for US firms in a city near you that have offices in Germany. Then, call that US firm and say you need a lawyer in Germany to handle a small claim. They will set it up for you.

I once had an emergency problem where a friend's mother was arrested in Greece. We got her a Greek lawyer this way. Within about 3 hours of the call, he was meeting with her in jail, and within 3 days, she was out.

Also, you could check to see if the german corporation is an authorized foreign corporation in the USA. Check the California Secretary of State website for that corporation's name. If you find them on the list and they have a designated US agent for service of process, you could sue them in California small claims by serving that designated agent.

Good luck.

Re: What to do for Small Claims overseas

Insurance is often used, almost to the point of being customary, for international shipments of trade merchandise. If the shipment were insured, you should pursue an insurance claim. Also, consider the possibility that , insurance or not, you can file a claim against the carrier (steamship line or airline).