Legal Question in Business Law in New York

International Summons

Dear Sir/Madam

I own a US company and I may have to bring a civil action against a Taiwan business due to business a dispute.

Because the Taiwanese company has no offices in the US, if I want to issue a summons:

1. Can I send it via recorded mail, or does it have to be delivered in person?

2. Is there any difference between issuing a summons to a foreign company, as opposed to a foreign individual?

Thank you for your time and assistance.


Asked on 11/07/07, 8:17 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: International Summons

The answer to your question as to whether you can sue a Taiwanese company IN THE UNITED STATES is a resounding IT DEPENDS.

You can, of course, sue them in Taiwan. However, obtaining jurisdiction in the United States over the company probably presents some problems. I'd need to know a lot more about the business, the dispute, and any underlying contract(s), including the "boilerplate," before I can begin to answer your question.

You need to hire an attorney to help you through the mudbath of international personal jurisdiction over the company if you are intent on suing in the USA. You are welcome to contact me to set up a free half-hour consultation if you wish (wherein I will still not be able to fully answer your question, since the answer here will take some research and a thorough reading of your contracts and understanding of your business and the business of the Taiwanese company).

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 11/07/07, 8:29 pm


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