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I have a US-based LLC. The LLC is a service oriented company as opposed to product oriented. And all work is performed in the US. A UK-based client is delinquent in payments.

The amount in dispute is under $10k.

Is it possible to effectively implement some sort of debt collection from the US for a UK-based company (with no US offices)?

Given the value of the claim, is it worthwhile to pursue any formal legal action (small claims)? If so, what country would the legal action need to originate from? Would one file in the US and note the foreign defendant or would one file, as a foreigner, in the home country of the defendant?

  • Might be an idea to find the Crown Prosecutor for the UK county where the business is and give them a call/letter and tell them you're being ripped off. Like a county attorney in the US, they might advise the company to settle up. Could be cheaper than hiring a solicitor to handle a court case for you. en.wikipedia.org/wiki/Crown_Prosecution_Service – BlueDogRanch Sep 16 '17 at 2:37
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Yes it is kind of possible

what country would the legal action need to originate from? Would one file in the US and note the foreign defendant or would one file, as a foreigner, in the home country of the defendant?

You can go either way. It is not obtaining the judgment that is the biggest trouble here, but enforcing it.

You will need:

  1. A UK mailing address. Services like ScanMyPost will suffice.
  2. Some money to pay the court fees.
  3. Time, tenacity and patience to follow through the procedure and fill all necessary forms.
  4. Be lucky in that the defendant actually has something to pay the debt with.

There are two stages:

  1. Obtain a court judgment in your favour.
  2. Unless the defendant pays you, enforce the judgment.

Obtaining court judgment in the UK

In the UK, the "small claims court" functions are executed by HM Courts & Tribunals Service. The specific service is called "Claim for money" which can be filed online via their old or new system.

So, basically, you file the online form, pay the fee by credit card and wait for defendant's response. If they do not respond, you ask the court to make a judgment (in my case it took 10 weeks from filing claim to getting judgment). If the defendant responds and defends themselves, expect much longer wait and uncertain outcome.

Enforcement

So, you and the defendant have both received court judgment saying that they must pay you. But they are not paying.

There is a range of options you can choose from:


Alternatively, you could always hire a UK lawyer but then you would probably not need this answer.

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    Thank you. Bounty is yours when I can award it. This is a very well formatted and thought out answer. I very much appreciate it. – Scott Apr 10 at 7:14

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