Legal Question in Credit and Debt Law in United Kingdom
Judgements and Collections
I am inquiring as to how I can collect on services rendered on an aircraft which was done through our facility in the states. The company is a United Kingdom Company, and the aircraft flew out of our facility before payment was made in full. We have attempted to collect the funds still owed, but the gentleman has made promises to send the funds; however, this has not happened. The aircraft is apparently in Marsailles, France to the best of my knowledge. In the states, we can place a lien on an aircraft, perfect the lien, and collect the aircraft to sell in order to collect on funds. There are also ways to garnish bank accounts, etc... I am wondering what steps I can take to recover the monies invested in this aircraft. Thank you for your time and attention in this matter.
2 Answers from Attorneys
Re: Judgements and Collections
I would sue them in the U.S. (where it is more costly for them to defend, and easier for you). Then you would either sue on the judgment in the UK, which will generally recognize the judgment, or simply serve a statutory demand in the UK for payment, failing which you can initiate insolvency proceedings. The threat of such proceedings generally has the effect of causing payment to be made.
Re: Judgements and Collections
As long as you get service of process in the manner approved by the Hague Convention, you can sue both the U.K. guy and the airplane (in an action "in rem", meaning "relating to a thing") to both recover damages and assert the lien (without having to have actual possession).
You can do those things here, either in a Virginia Circuit Court, or if the amount you're suing for is greater than $75,000, in one of the U.S. District Courts.
Assuming that you've complied with the Hague Convention, and gotten proper service of process thereby, you shouldn't have any serious trouble domesticating your judgment in either France or the U.K.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
