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Thanks for working today on a holiday.

We are small Internet tutor referral service currently run out of Easter Europe. In 2011 we ran an ad with the US magazine. We canceled the ad before any print went out but the magazine kept printing it. Now they ask for $6,000 in advertisement fees. Since our firm is not incorporated in the US, the magazine does not know our whereabouts located do we have to negotiate for an settlement at all? Thank you
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Answered in 6 minutes by:
1/1/2013
Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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*Nothing herein is intended as legal advice, only intended as general information to better help yourself.*

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Since our firm is not incorporated in the US, the magazine does not know our whereabouts located do we have to negotiate for an settlement at all?

You are correct that it would be difficult/impossible for the magazine to collect any judgment entered.

Since the magazine does not know your whereabouts and you are not incorporated in the US, even if the magazine were able to obtain a judgment against you, it does not appear that it would be able to attach your assets in Eastern Europe

I would be glad to respond to any related follow-up questions that you may have.

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Customer reply replied 5 years ago

Hello FiveStarLawyer,



Thank you for confirming my suspicion that the US based advertisement magazine would not be able to attach my assets in Eastern Europe.

I have a follow-up questions: The US magazine has hired a law firm that keeps calling our Skype number asking for negotiations. Can we simply ignore these calls?

2nd follow-up questions: The US magazine knows the mailing address of my friend in the US. Could my friend face any harassment's emanating from the US magazine?

3rd follow-up question: Could The US magazine by any legals means subdue our business activities within the US?

Thank you very much!
Hello James,

I have a follow-up questions: The US magazine has hired a law firm that keeps calling our Skype number asking for negotiations. Can we simply ignore these calls?
Yes you are not required to negotiate

2nd follow-up questions: The US magazine knows the mailing address of my friend in the US. Could my friend face any harassment's emanating from the US magazine?
Your friend can only be held responsible for the agreement if your friend cosigned the agreement

3rd follow-up question: Could The US magazine by any legals means subdue our business activities within the US?
If the US Magazine is able to obtain a judgment against your business, that judgment could be attached to US assets. If your business activities generate income in the US, that income can be attached with the judgment

Thank you very much!

I wish you a very happy new year!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"
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Customer reply replied 5 years ago

Your response to my 3rd-follow-up questions raises some concerns:


(If the US Magazine is able to obtain a judgment against your business, that judgment could be attached to US assets. If your business activities generate income in the US, that income can be attached with the judgment)

Yes, our business has bank accounts in the US that generate income, which could be as you say attached.

The US magazine has a contract with our company. According to the US based magazine's interpretation of the contract they have delivered all services. So a US court might rule in favor of the magazine, especially if we cannot come to the court date to defend ourselves. The question now is how can we defend ourselves since we cannot come to the US or even have the funds to hire a lawyer? And if a judgement against us happened would it technically be possible to identify bank and/or Internet fund accounts?
The question now is how can we defend ourselves since we cannot come to the US or even have the funds to hire a lawyer?
You would need to either retain an attorney or personally appeared to represent yourself. If you do neither the court will enter judgment against you


And if a judgement against us happened would it technically be possible to identify bank and/or Internet fund accounts?
Yes it would

If you would take a moment to click the rating tab to rate my professionalism and service, I would appreciate it. My goal is EXCELLENT and I hope your rating reflects that.
Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Customer reply replied 5 years ago
To go to court, the US magazine would have to file an a subpoena against our business. Does serving this subpoena to the US mailing address of my friend suffice to a US court? Or would the US magazine has to file it to Easter Europe?


Given that there are $6,000 in dispute, is the US magazine likely to go through these steps as they face additional legal fees? If yes, would hiring a lawyer and negotiating a settlement perhaps be the less costly way?

 

To go to court, the US magazine would have to file an a subpoena against our business. Does serving this subpoena to the US mailing address of my friend suffice to a US court? Or would the US magazine has to file it to Easter Europe?
The US Magazine would have to serve your business. The judge can order service by publication in a local newspaper if you cannot be located


Given that there are $6,000 in dispute, is the US magazine likely to go through these steps as they face additional legal fees? If yes, would hiring a lawyer and negotiating a settlement perhaps be the less costly way
I cannot speak for whether the magazine would find it worth its while to pursue legal action. However it is not necessary to retain an attorney to negotiate a settlement and that may be an option you would like to explore


J.A. policy requires that you start a new page for a new question. If you have any additional questions, you may direct the question to me by starting the question with "For FiveStarLaw"

Happy New Year!
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Ellen
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