How You Sue Someone Abroad in 2022?
- How Can I Sue Someone Abroad?
- What is it Meant By Suing Abroad?
- What are the Different Types of Multi-National Lawsuits?
- Evidence needed to sue someone
- How to sue a company?
- What Kind of Lawyer Do I Need to Sue Someone?
- How Can I Find a Good Lawyer to Sue Someone?
- How can I Find a Good Lawyer Quickly and Easily Online to Sue Someone Abroad?
- Work with a Lawyer Abroad
- How Can I Pay My Lawyer after I Have Hired Them?
- How Can I Communicate with My Lawyer If They Are Overseas?
- How Do I Proceed to Sue Someone Overseas?
- What’s the Final Answer?
As globalization is adopted rapidly and embraced by everyone, there is a rise in a unique category of lawsuits. These lawsuits do not list in domestic/national jurisdictions but involve parties from different jurisdictions. The lawsuits that fall under this category are known as multi-national lawsuits/international lawsuits.
Being a part of a lawsuit can be stressful and frustrating, especially if that lawsuit is happening in international jurisdiction. People usually do not think they will ever be involved in a legal case until they face it head-on. Lawsuits can be stressful, frightening, confusing, and time-consuming.
Jumping through hoops in hopes of understanding laws in another country can be challenging, but it does not have to be. With this guide, suing someone overseas will become simpler and easier, so your case can move forward easily.
This article explains what suing abroad means; how to sue someone abroad. What are the broad categories that your overseas lawsuit can fall into? Procedure to sue someone abroad and when to sue someone abroad? Where to seek help to sue someone abroad? Can technology play any role in seeking legal assistance?
How Can I Sue Someone Abroad?
One of the first things you should consider before you decide to sue someone abroad is whether you have any legal recourse within your own country. You might be able to get a judge or other authority figure in your country to hear the case instead of having to go all the way overseas for it.
Lawsuits already entail a long battle for an individual to fight for justice, and getting involved in a lawsuit is a hassle. When a case is overseas or, in other words, how to sue someone abroad in foreign jurisdictions with foreign laws, these problems can be even worse.
If you are involved in a foreign legal matter, you may wonder how to sue someone abroad. It is an important question as it can mean the difference between being able to sue someone or not. If you want to sue someone abroad, it isn’t as simple as finding a lawyer in the new location and having them handle it.
There are many factors to consider when suing someone abroad, including:
- Which country are you going to file your lawsuit in?
- What is the matter in which you want to sue someone?
- What is the nature of your filing?
- What is your capacity to file a suit etc.?
Remember to have all your documents ready before filing a lawsuit.
You should contact your country’s embassy or consulate and ask about their procedures for filing lawsuits against people who are citizens of other countries.
This process can take longer than just asking at home because there is more red tape involved with international matters than there would be domestic. If you have never filed such a lawsuit, this could make things more complex for you.
What is it Meant By Suing Abroad?
A muti-jurisdictional or overseas lawsuit is when one party sues a person, business, or company based in another country. In domestic jurisdiction, the same statutory law governs the individual resident subjects equally and decides suits based on merits and facts.
While dealing with disputes where parties are governed by different statutory laws and reside in other jurisdictions, it is a bit interwoven to determine how the laws should be applied.
It can happen for several reasons, described in detail below.
It is possible to treat an act committed by a person seriously in one place and another place. It may not be a crime at all. Suppose religious blasphemy is a crime in Gulf nations while it is no crime in the UK.
However, the challenge comes from the fact that one must consider the justice system of a foreign country. We must go through all the requirements of the legal procedure of the country and derive the method to sue someone abroad. It means coming face to face with new and strange laws and court proceedings.
That said, a multi-jurisdictional lawsuit is not filed in an international court. International courts have exclusive jurisdiction for matters involving two countries, not persons or entities.
What are the Different Types of Multi-National Lawsuits?
A multi-national lawsuit falls into the following categories and types but is not limited to:
a) In civil matters: Generally, the law of the land applies in civil cases.
The local civil codes talk about parties who can sue and can be sued. There are definitions of who can be a party in a civil suit in almost all applicable civil laws, including non-residents. For example, a non-UK or non-EU resident might be able to sue someone in the UK courts if the court approves.
b) In contractual and agreed-upon matters: In contractual obligations, you can sue someone abroad by considering the 3 following points:
As a first step, determine where the defendant resides.
Second is the place where the performance of the contract was due.
The third is the place where the defendant carries on his business. That will prevail if there has been an express agreement regarding court jurisdiction in disputes.
c) In commercial transactions: The lawsuits of commercial nature vary from transaction to transaction. Finding how to sue someone abroad can require technicalities.
The parties always mention in contracts what jurisdiction will be enforceable in case a dispute arises.
Since trade and commerce are growing exponentially globally, disputes regarding commercial transactions are also increasing.
One can sue an individual company or employees of the company quite easily, even though the company operations take place in a different jurisdiction. An example is Amazon, against whom lawsuits can be filed by any individual, regardless of their geographic location.
d) In divorce matters: This is the very unique and newest form of overseas disputes. As marriages occur overseas, and so does the divorces, it common for people to sue someone abroad resolve marital disputes. Many nations, such as the US and the UK, have recognized these disputes under their laws. A recent instance is Dubai ruler Sheikh Mohammad bin Rashid Al Maktoum and his wife Princess Haya case, where parties had to resolve a divorce dispute of multi-national nature
Therefore, international lawsuits can involve any issue or category of law, be it corporate law, family law, or personal injury law. International disputes can even involve cases that fall under other categories, such as criminal or environmental law. The list cannot be exhaustive because the nature of disputes keeps changing and emerging every day, so there are emerging categories of lawsuits also.
Evidence needed to sue someone
For legal actions to succeed, it is imperative that you evaluate your relevant evidence and support your claim throughout the lawsuit. The types of evidence in varied lawsuits are:
Family disputes: Collect evidence supporting claims related to divorce, child custody, property division and spousal financial support. It entails prenuptial or postnuptial agreements, parenting plans, international child custody arrangements, and financial documents identifying real income, such as bank statements, investment statements, mortgage documents, loan applications, tax returns etc. Parties can also call witnesses to provide their statements.
Commercial transactions: When filing a commercial claim, parties must gather pertinent information from each other and third parties. It includes original sales and employment contracts, documentary proof of fraud or corruption, witness interviews, evidence of damages, claims of negligence and policy of insurance(if applicable). It is complex to obtain foreign evidence in the backdrop of international litigation. Therefore, businesses or parties must refer to the Hague Evidence Convention that governs and facilitates the transmission of evidence between the signatory countries in multi-national disputes.
Civil disputes: Initiate the process and assemble access to witnesses available to testify in court, gather documents, official reports, pictures, and other forms of evidence to support your claim or disprove the opponent’s claim. Itemize the number of elements required to be proven or refuted and collect the particular evidence. Further, comply with rules of discovery and request documents possessed by either the defendant or non-party witness.
Contractual matters: While resolving international contract disputes, the innocent party must collect and provide original contracts or agreements, documentary proof of breach of contracts, witness statements and proof of damages suffered. Others are testimony of the parties to the alleged contract and demonstrative evidence such as video recording.
How to sue a company?
Suing a company in a foreign country is stressful, and to avoid challenging hurdles associated with international lawsuits, described below are the mandatory course of action:
Confirm the Contract: Meticulously check the Forum Selection Clauses of the multi-national contracts or the agreements that lay down the governing law and specific jurisdiction that would be applicable to a lawsuit. In case of no clause, a suit may be filed in either the parent country’s principal place of business or the nation where assets are located.
Deciding the jurisdiction: Determine the court where the suit will be filed as the international filing process differs. Demonstrating jurisdiction involves both subject matter and personal jurisdiction. Therefore, it is necessary to establish a link between the foreign company and the nation where the lawsuit will be filed.
File a lawsuit: The concerned party is required to file a suit specifying the alleged violations. It must be clubbed with proof of valid jurisdiction, supporting exhibits, nature of the suit and remedial course of action.
Serve the notice: Delivering the lawsuit to the other party is essential to suing a foreign entity. Usually, the affected party hires a process server because the overseas company is located in a foreign land. If the defendant you wish to sue is located outside the EU, the court’s permission is required to serve the notice. The Hague Convention eases the process for the plaintiff by facilitating in serving claims on the condition that defendants are also members of the convention. Therefore, it is vital to follow the provisions laid down in the convention.
What Kind of Lawyer Do I Need to Sue Someone?
Now that you understand the nature of lawsuits abroad and know what category your dispute may be placed into, here is the following essential requirement:
Choose a person to help you with your representation, counseling, and lawsuit filing.
To sue someone abroad, the first question that needs to be asked is, what kind of lawyer do I need to help me to sue someone abroad as per my greviances? Regarding international litigation, the practice lawyers that are the most common include:
- International Business Lawyers
- International Corporate Lawyers
- International Intellectual Property Law Lawyers
- International Arbitration.
Moreover, you must identify whether or not you need a foreign legal consultant or a lawyer licensed to practice law in a specific jurisdiction.
How Can I Find a Good Lawyer to Sue Someone?
You have identified the kind of lawyer most appropriate for your case to sue someone abroad; now, how can you find reputable and reliable representation in another country?
Take into account the magnitude of the situation: you are not familiar with the country’s legal system, nor do you have any information about the network of lawyers in that specific jurisdiction.
So, finding a competent representative that you can trust to handle your case properly is crucial. Giving power of attorney to an overseas lawyer requires much more than a simple Google search. Trust is built on more than a few polished reviews and a nice picture.
Moreover, since you will disclose many facts about your life, privacy and confidentiality are critical elements in your search.
The solution: first, check the regulations of the foreign country concerning attorney-client confidentiality and then thoroughly check whomever you choose.
You can also look at the highly qualified lawyers that are a part of our very own community here at LegaMart in our advocacy section.
Our organization is well connected globally and has professionals engaged. We have many experiences that can help you sue someone abroad.
As a globally accessible law firm, we work in different countries to make legal services accessible to everyone easily.
You do not have to worry about traveling to another country when you can engage best in the field through our lawyer’s directory. If you have questions, you can ask us on our community page and social media handles.
How can I Find a Good Lawyer Quickly and Easily Online to Sue Someone Abroad?
Hiring the right person for your case increases the chance of a successful outcome and puts you on the best path to achieve the best results. You may speak with a friend or family member who knows a lawyer who has had a similar case, but word-of-mouth referrals cannot meet your needs because each case is unique.
Internet access enables you to consult a professional far from you online. Many law firms are now providing advice via the internet to their clients.
One of the innovations in the legal-tech sector is referral platforms. These platforms can provide the opportunity to search for lawyers in different jurisdictions across the globe. You can explore several legal service providers versed in handling all types of legal issues.
You can also have free initial consultation through the internet with the lawyers before hiring them. Thus, you can ensure that the lawyer can sufficiently handle your case. You will know about the work profile of the lawyer and how well he has dealt with previous cases.
You can request at our LegaMart platform for consultation and avail the best advice on all the legal issues you face.
Work with a Lawyer Abroad
As the internet is taking over every sphere of life and work, so has it affected the legal field. Nowadays, booking an appointment with an international law firm and suing someone abroad is not hard.
Seeking legal help globally, especially after the Covid-19 pandemic, has become a common practice.
You can consult any professional and take advice while in your own office.
We at LegaMart have a very efficient and accountable system that automatically updates the case status and informs clients and lawyers about the latest happenings of the cases.
How Can I Pay My Lawyer after I Have Hired Them?
Now you know about the nature of your case and which law firm or lawyer to engage. It is time to decide how much you must pay your lawyer for legal council and by which mode you can pay your lawyer.
Financial issues, billing schedules, and price transparency are all essential matters to decide. Even when individuals are looking for a reliable lawyer locally, they will receive different rates. This problem can be worse when you are unfamiliar with the rates in a specific country.
Since your options are limited, you would not receive competitive quotes. Also, some lawyers may expect to be paid in advance. It is best to request an estimate of the total hours and costs first and then discuss the expected payment method.
We at LegaMart have secure and safe payment methods that ensure payment delivery.
How Can I Communicate with My Lawyer If They Are Overseas?
Language barriers are the main issues with legal proceedings in foreign jurisdictions. If you are not fluent in the language in which the proceedings will be taking place, be sure to choose a legal representative who is fluent in that language. Furthermore, in addition to knowing the court’s language, they should also learn your language to advise you understandably and effectively.
Moreover, an international case requires ample communication between the attorney and the client. You should inform your attorney immediately if there are any new developments in your case. It helps them represent you more efficiently. Therefore, you and your lawyer must establish a set method of communication so that you can be reached as quickly as possible, be it via email, phone, or even fax.
How Do I Proceed to Sue Someone Overseas?
After considering all these questions, the next logical question is how to move forward with your lawsuit. The answer is simple: either book a consultation with a lawyer, or you can directly hire an attorney to represent you in court. They will then help you in the following stages of your legal journey.
What’s the Final Answer?
It’s simple! Don’t seek an intermediary if you’re looking for a lawyer in a foreign jurisdiction. Fortunately, legal tech makes it easier to find a competent lawyer in another country without spending hours on the web. With platforms such as LegaMart, the process of assessing a lawyer’s background and work history, in addition to free consultations and hiring, has been made possible with simple clicks. Who could want more?
And on the lawyer’s side of the table, there will always be a lack of transparency and the possibility of missed deadlines or the delivery of false information by an online lawyer you’ve found that hasn’t passed careful screening procedures like those on LegaMart.
Moreover, you might encounter a country that doesn’t speak English, resulting in its problems. You also don’t want to be giving your client advice about a foreign jurisdiction, nor do you want to perform work abroad due to legal limitations and restrictions. The best solution is to network with lawyers on a professional community page such as LegaMart Community or hire a trusted and vetted LegaMart lawyer in your desired jurisdiction that can communicate without language barriers.
That said, finding a lawyer in a foreign jurisdiction couldn’t have been easier. It’s time to ditch the old-school and expensive international law firms and replace them with a modern, transparent method of finding foreign lawyers.