Legal Question in Credit and Debt Law in New Jersey

A legal rights of foriener in USA

I am an Indian citizen. I was on business tour of California, USA in August 2001. While I was there I had applied for job of software consultant in a New Jearsy based company. I had paid 1210 US$ for legal fees and fees for H1 VIsa to that company.

But After a year also i didnt got any visa so asked them to return my money and the company agreed to return the money. But that company is now delaying the payment.

Can I take any legal action against of that company?

Please consider following details also before ur response

1. I am in India and I cant go back to US.

2. That Company is New Jersy based,

3. All my communication with that company is in form of emails only.

4. Is my present necessary in US if I decide to take any legal action against that company.


Asked on 3/07/02, 8:24 am

2 Answers from Attorneys

Shantanu Puri Shantanu Mohan & Associates

Re: A legal rights of foriener in USA

Yes, you can take legal action against the company though I should warn you that it may involve expenses which might go past the amount you seek to be refunded !

You can serve the co. a legal notice through your attorney's in the U.S.of A in New Jersey. A power of attorney agreed to by you will empower/authorise anyone who you wish should represent you to proceed with legal action on your behalf, therefore you need not be in the U.S. to pursue the matter.

The communications by email are accepted as evidence in US courts so you need'nt worry about the validity of the emails. It is upon the other side to deny/prove that they never recieved them.

As mentioned earlier you are not required to be present in the US for any legal action.

As for the costs, since the amount involved is not much, by American standards, you will need the services of an attorney who agrees to put the legal costs on the other party and is willing to help you. The fees of attorneys in the US is usually on per hour basis. If you get a competent attorney he should be able to prepare a case involving the loss caused to you in terms of time and money by the actions/delay of the other party plus the interest on the amount in the possession of the co. This should certainly raise the stakes involved and make it a tempting case for any attorney to take up.

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Answered on 3/10/02, 9:47 pm
Satish Maheshwari Vakilbabu

Re: A legal rights of foriener in USA

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.

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Answered on 3/07/02, 2:04 pm


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