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My husband and I signed a contract with a an American

Hi, my husband and...

Hi, my husband and I signed a contract with a an American relationship Councillor for a program to save our marriage. We paid US$1,000 non-refundable deposit and owe a balance of $500 per month ($3,000) over the next 6 months. We have asked her to cancel the program because we can't afford the balance installments, but she has threatened to sue us. She delivers her program content on a month-to-month basis and it's not like she's provided the full course material that we haven't paid for. She insists that we pay her the balance regardless of whether we continue with the program or not, because that's how she has structured her contract. She is based in America and we are in Australia, and I want to know how successful she will be in suing us for a product that has not been fully received? She may have an Australian company set up for this purpose - I don't know. Her threat is stressful for us, as we don't want our name to be dragged through mud. Please can you advise?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Hi Pearl, does this case fall under family law? She is based in Connecticut, USA. We are in Western Australia. I can email or upload the signed contract.

Lawyer's Assistant: Has anything been filed or reported?

Not yet, she has just threatened to sue us. She won't listen to our reasoning. We really can't afford it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Should I upload the contract? Also, how much will this advice cost?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Wonderful - no more than $100?

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Answered in 4 hours by:
3/13/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,963
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

She can only sue you in the US. Any judgement in the US cannot be registered in Australia.

She can only sue for what you have received but you have to also look after the agreement to see what you can do and of your can terminate the agreement.

I would doubt that she has a company in Australia because she would have to be present in Australia to open it or have a third party that is living here. If this was the case then you would have entered into an agreement with them.

But there is no agreement to allow her to register the judgement in the US in australia.

The agreement you have agreed to is in the US and she can only sue you in the US.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,963
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 5 months ago
Hi Leon,Thank you so much for the information. It's very reassuring to have the facts.I have an appointment right now, but have a couple more questions to completely feel at ease with my situation. I'll send you the questions in a couple of hours. I'm in Perth.I will give you five stars.Kind regards,
Cynthia
Phone call session started
Customer reply replied 5 months ago
Hi Leon. Can you please cancel my request for a phone call. I don't think it's necessary, as you have answered well in your previous message.

Done I will ask you to get a refund for the call.

Regards

Leon

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All done

Take care

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Customer reply replied 5 months ago
Sorry about cancelling the call Leon. Just to clarify what you wrote in your previous message to look after my agreement and to terminate it if I can. How do I terminate an agreement? Do I need to hire a lawyer to formally rescind the contract based on not being able to afford the balance of the course? Is this possible because we've only been receiving lessons on a weekly basis? So she can't sue me from the US and drag me there (from Australia) to attend court, and if she tries, this case won't be recognised in Australia? I ask because for work, I need to constantly advise our creditors if I have a lawsuit against me.

Good Afternoon,

The agreement would have a clause somewhere in that that talks about the termination by either party.

you do not require a solicitor formally rescind the contract. You can terminate yourself in writing.

If you wish to have a solicitor involved, which may make it look more formal, you can contact the Law Society in your state and they will refer you to a solicitor that can assist you.

They can sue you in the United States but as there is no current agreement between Australia and the various states in the US, any judgement they did in the US is not can be easy to register in Australia.

The Foreign Judgements Act is the act that they need to use to register a judgement from overseas. The United States of America is not a reciprocal country and therefore they cannot use this to simply register a judgement by obtaining the United States.

If she wishes to sue you for the money then she will have to try and do it here, and the costs would be to excessive for her to commence proceedings in Australia as she will also need to come to Australia.

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Customer reply replied 5 months ago
Wonderful. Thank you Leon. That would be all. Please email me the invoice and I’ll pay today. I’ll also give you 5 stars!
Good Afternoon,
I cannot send you an invoice and it appears that you have rated my work five stars and I have been paid. Thank you for using my services and should you have any further questions please do not hesitate to contact me again.
Regards,
Leon Leon
Ask Your Own Australia Law Question
Customer reply replied 5 months ago
Thanks Leon.

Good Afternoon

You are very welcome.

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