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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Dear Sir/Madam, Ive got this debt collecvtor/law firm that

Customer Question

Dear Sir/Madam,

I've got this debt collecvtor/law firm that is trying to get a debt I have in UK. They have been sending me letters and e-mails but I have not answered yet as per advise of a lawyer in the UK.

Can a law firm sue me for a debt that is outside of the USA ? I have a credit file in the US but do not live there nor am I a US resident/citizen. I live in the Caribbean...

Looking forward to your response

Sander Vogtlaender
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 8 years ago.

Most credit agreements contain a forum selection clause that expressly names the venue for suits/disputes related to the debt.

 

If the company is based in the US, you can bet that there is a clause that says the matter will be tried in the US. You consent to the forum by incurring the debt/borrowing the money.

Customer: replied 8 years ago.
This company is Marks & Spencer, as far as I know one signs for the agreement under UK law, I believe there is no clause that states that disputes can be settled in countries outside of the UK when both countries have no agreements with each other. I am aware that UK has agreements with Germany and Canada and therefor debt could be collected via their courts...but no agreement is in place between UK and the USA
Expert:  Roger replied 8 years ago.

This is a matter of contractual agreement, not about reciprocity between countries.

 

If your contract has a forum selection clause, you're bound by it because you've agreed to be by borrowing the money.

 

However, if there is no such clause, you would have to be sued in your hometown.