Legal Question in Business Law in Massachusetts

Debt collection from overseas.

I run a small business in Spain. I have worked with a

company in Somerville Mass. for 5 years and until now

they have ordered and paid regularly. They presently

owe me 1800 us dollars, which they have neglected to

pay for 6 months now. At first their statements were

''the check is in the mail'', but recently they refuse all

contact including an incident of hanging up the phone

in the middle of my call.

How can I collect this debt from overseas? I have

invoices, FEDEX reciepts, and they have my products

on their website for sale. Is there an international small

claims court? Will I have to go to the United States to

go to small claims court over this?

thanks in advance for your help


Asked on 4/19/02, 4:55 am

2 Answers from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Debt collection from overseas.

Not a good situation.

No, there is no "international" small claims court. You would have to either come to Massachusetts or hire an attorney to bring this action. Attorneys fees are not ordinarily recoverable, so this course is unlikely to result in an economically-rational outcome.

That said, you might want to review the operative sales documents. Since both Spain and the USA are parties to the UN Convention on International Sale of Goods (CISG), that law governs the contract, and there may be more opportunities than meet the eye. If there is any contractual term regarding payment of attorneys fees, or a custom in the industry, or any oral agreement on the subject, this would put things in a different light in terms of pursuing litigation.

Best wishes,

LDWG

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Answered on 4/19/02, 9:03 am
Nance Lyons Law Office of Nance Lyons

Re: Debt collection from overseas.

As stated by M.Graves, retaining a lawyer for this small amount would not make sense. Why don;t you just deduct it as a busienss loss, unless you don't pay US taxes

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Answered on 4/29/02, 7:54 pm


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