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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86644
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Im a programmer in Bangladesh. I have done work for a company

Resolved Question:

I'm a programmer in Bangladesh. I have done work for a company in the U.S. and they have not paid me for the work that I did. Can I sue them? How do I get started?
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me how much they owe you and what city they are located in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 9 months ago.

They owe $28k and they are located in Orange, CA

Expert:  Ely replied 9 months ago.
Thank you, A.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

This seems like a breach of contract. "A cause of action for breach of contract requires pleading of a contract, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom." McKell v. Washington Mut., Inc., 142 Cal. App.4th 1457, 1489, 49 Cal.Rptr.3d 227, 253 (Cal. Ct. App. 2006).

Such a matter would be filed in California's Superior Court. The issue is that this is a very complicated matter, especially for someone who is not IN California. It is virtually impossible to sue someone while in Bangladesh. You will need an attorney. May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

The attorney may take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 9 months ago.

How would I collect the money, assuming that a lawyer gets a settlement or wins at trial or appeal?

Expert:  Ely replied 9 months ago.
A,

Once/if there is a judgment, your attorney would have several means to collect the money, including the following:

1) levy a bank account of the company;
2) garnish 25% of a person's pay for satisfaction of judgment; if this was a job for person and not a company;
3) place a lien on any titled property; and/or
4) attach and auction off non-exempt assets of the company for satisfaction of judgment.

So there are various ways to enforce the judgment if they do not pay.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 9 months ago.

Are there any specific problems I may run into, not being a U.S. citizen? For example, are there rights that I don't have in the U.S. because I don't live there that would affect my likelihood of winning?


 

Expert:  Ely replied 9 months ago.
A,

No. The US Courts specifically provide equal access to every person, and not just citizens, when it comes to cases like these. So that does not matter.

Your primary issue would be the practicality of testifying, which your attorney may attempt to solve via asking the court to have you appear via Skype, telephone, etc.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86644
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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