International Debt Collection/International Judgment Collection

You sent your product to Vietnam and never got paid. You paid for product from China and the product never came. You sent your product from Bulgaria to the United States and your American buyer is claiming poor quality. You've been dealing with this Russian company for years and they have always paid. Now they are not. You have an American judgment against a Korean company, but no way to collect on it outside of Korea. What do you do?

International Debt Collection/International Judgment Collection — the questions to be asked

International debt collection and international collection of judgments rarely generate simple answers, but there usually are many good collection options. Frequently, international law allows for various choices in pursuing recovery of a debt or a judgment. Though the laws vary with the particular countries involved and can often hinge on international treaties, the following questions must almost always be asked:

• What does the contract or the invoices say about jurisdiction? Will the court enforce your contractual jurisdiction clause?
• Will the court in your home country assert its jurisdiction over the foreign company?
• If the court in your home country will asset jurisdiction over the foreign company, how can you serve your complaint on that company, how difficult will that be, and how long will that take?
• What can you do with a judgment from your home country? Can you collect from the foreign company in your home country? Can you take that judgment to the foreign country and use it to collect on it there? Will you need to bring a new lawsuit in the foreign country to enforce your home country judgment? How does the foreign country treat default judgments?
• Would it be faster and cheaper to dispense with a lawsuit in your home country and just sue in the foreign country? Are there any other countries in which you can bring suit?
• Can you seize assets belonging to the debtor company? If so, where, and how much will that cost? Will the court require a bond and, if so, how much will that be? What are the chances of the debtor claiming wrongful arrest of its property and what is the likelihood of the debtor prevailing on such a claim.

International Debt Collection/International Judgment Collection — the answers

The answers to these questions invariably depend on the facts of your transaction and the countries involved. We have handled hundreds of international debt collection and international judgment collection cases so we not only know the questions to ask, we know what needs to be done, based on the answers. Our international litigation and international debt collection experience equip us to collect your international debt or international judgment and to do so while remaining sensitive to the costs.

International Bankruptcy

These days, a company going bankrupt in Moscow or Shanghai or Los Angeles can have international repercussions.  Companies that do business internationally have creditors all over the world. Our attorneys have extensive experience handling international bankruptcies, both here in the United States, and around the world.  One of our attorneys took part in one of Russia's very first bankruptcies and has been quoted extensively by leading media on Russian bankruptcy matters.  We also have extensive experience representing foreign creditors in United States bankruptcies, sometimes by representing a large number of creditors from the same country.

US Chapter 11 and Chapter 7 Debtor Representation
 
Harris & Moure represents both business and individual debtors in Chapter 11 and Chapter 7 proceedings.  We also team up with other firms to represent foreign creditors looking to file for bankruptcy in the United States or elsewhere.   

Distressed Property Transactions

Our wide ranging international experience has positioned us well to represent both buyers and sellers of distressed assets, whether in the context of a bankruptcy case or outside of court.  We assist companies seeking solutions for disposing troubled assets, including intellectual property, particularly in an international context.  From successfully representing a Chinese creditor in buying a major US trademark out of bankruptcy, to assisting a US company get a fishing vessel out of a Russian bankruptcy, to helping a Russian company find troubled oil assets in the United States, we can bring our international expertise to bear.  

To learn about how we can help you collect what is owed to you, no matter where your debtor may be, we urge you to contact us. Our initial consultations are always free.

See Also: Our International Dispute Resolution Page