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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27621
Experience:  Lawyer
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I have an ex fiancé who is a UK citizen and I am a U.S.

Customer Question

Hello. I have an ex fiancé who is a UK citizen and I am a U.S. Citizen. I have lent him thousands of dollars and airfare back and to UK and U.S. Is it possible to sue him? He is back in the UK I have records of wire transfer and airline receipts.. Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
What state do you live in? Also, what is the total you'd be suing for?
Customer: replied 1 year ago.
I live in Guam USA and I am suing for $15,000 cash that unwired into his account in April and $12k in airline tickets and hotel accommodations. Thank you
Customer: replied 1 year ago.
Sorry. *I wired $15,000 cash into his account*
Customer: replied 1 year ago.
In the UK
Expert:  Lucy, Esq. replied 1 year ago.
Thank you.
There are a couple of separate issues here. You are allowed to sue him in Guam if he visited you there regularly, if you ever gave him money while he was in Guam, or if you can show that he reached out to you in Guam frequently in connection with borrowing the money. That's fine.
The problem is, unless he has bank accounts or owns property in Guam, you won't be able to COLLECT the judgment, which is the whole point of filing the lawsuit. A US judgment isn't enforceable in the UK. So the only way to get a judgment that you can actually use to attach his UK bank accounts, damage his credit, lien any property, and actually try to get him to pay, is to file the lawsuit in the UK.
A barrister should be able to help you prepare and file a Complaint, and you can see if the court in the area where he lives would let you file a Complaint on your own by mail. But you would have to fly to the US before trial.
Is this someone that you met in person? That you visited with and shared experiences with that weren't over the phone and online? I ask because some of what you've said sounds an awful lot like a dating scam. And if that's the case, your fiance isn't really in the UK - he's probably in Nigeria or Ghana. And in that case, it's not worth your time or money to sue him in the UK, because he's not really there and you'll never get your money back. Instead, he should be reported to the FBI as a scam artist.
http://www.ic3.gov/complaint/default.aspx
Customer: replied 1 year ago.
No he is a UK citizen and I have been to the UK and we have rented an apt. So I know where he lives. I sorta thought I may have to go to the UK to sue him but would a soliciter entertain my case in that I am a U.S. Citizen? I was kinda hoping that we could sue him here on Guam which is a U.S. territory and hope that we could subpoena him here in civil court. Is this possible? Otherwise I will try to email a solicitor there in the UK
Customer: replied 1 year ago.
You meant fly to the UK right?
Expert:  Lucy, Esq. replied 1 year ago.
Yes, I'm sorry, I meant fly to the UK.
The fact that you're a US citizen has no bearing on whether you can sue in the UK. You're agreeing to be subject to the jurisdiction of the UK courts by filing the lawsuit, so that's not an issue. You should be able to find a barrister to accept the case as long as you have evidence showing that this money was loans, not gifts.
A US subpoena has no force and effect in the UK. You don't subpoena parties, anyway - they get the summons, which is an order to appear. But it's the same problem. You can sue him in Guam, but you won't get your money unless he voluntarily pays you. If you get a Guam judgment and he doesn't pay, then you still have to file in the UK Courts and ask them to order him to pay you.
Customer: replied 1 year ago.
Ok thank you. I've contacted a solicitor in his area and await return of my call.
Expert:  Lucy, Esq. replied 1 year ago.
You're welcome. Good luck.