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Maverick, Attorney
Category: Legal
Satisfied Customers: 5750
Experience:  20 years experience as a civil trial and appellate lawyer
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I sent payment to HK company who has office in china also

Customer Question

JA: Hi. What is your issue regarding?
Customer: I sent payment to HK company who has office in china also ..and the payment was refundable deposit for a machine we were buying from them
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: and they are not returning the depost
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: No...we have a copy of contract...
Submitted: 2 months ago.
Category: Legal
Expert:  Maverick replied 2 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 2 months ago.

What does the contract state about where and under whose law any disputes are to be resolved?

Customer: replied 2 months ago.
The contract does not say anything regarding that
Expert:  Maverick replied 2 months ago.

This is a tough situation. One option is to see if the HK company will agree to international arbitration through the Hong Kong International Arbitration Center (HKIAC). There are currently very little enforcement mechanisms in place when such ventures fail and your remedy is to sue the company in the HK court system.

American companies that have disputes with private firms often request U.S. Government intervention with Chinese authorities on their behalf. The USA government claims that such intervention is rarely appropriate unless the company has exhausted all remedies under China's legal system. When a dispute is in the Chinese court system, Embassy officers will intervene on behalf of an American company only in extremely limited circumstances and in accordance with U.S. government guidelines.

I know this is not the answer you wanted to hear, but I am assuming that you are wanting a professional and honest answer.

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Customer: replied 2 months ago.
what i should do now?
Expert:  Maverick replied 2 months ago.

1. You can contact the HK company and ask if they will submit to international arbitration in HKIAC.

2. If that fails, then you will need to hire a HK lawyer to sue them in HK court.

3. If that case is not going so well once filed, then you can see if the USA government can assist you.

4. If you sue the company on American soil, you may win a judgment but there is no way to enforce it in HK.

Sorry, as I stated earlier, there are not a lot of great options here. You can try to file online complaints to alert others to your negative experience. See this link for an example.

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