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Any Lawyer Here? A Unique Case...

Discussion in 'Legal Issues' started by Freelance GD, Jul 22, 2007.

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  1. #1
    Hello Friends,

    I think its the right section to ask the question and that is;

    A person from one country can file a suit against a company in another country.

    Suppose Mr 'A' (or a company) in 'a' country got scammed or have some legal issues with Mr 'B' (or a company) in country 'b' and wants to sue 'B'. Is it possible that he can hire a lawyer in Country 'b' sitting in Country 'a' in this case?

    I think its confusing, if you don't understand what I want to ask then please ask here.

    -Freelance GD

    PS: Company 'A' and 'B' could be online or offline companies and the scam or issue happened transacting online.
    SEMrush
     
    Freelance GD, Jul 22, 2007 IP
    SEMrush
  2. login

    login Notable Member

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    #2
    The answer is yes, its a very normal procedure and also the only solution because you need a lawyer that knows the country.
     
    login, Jul 22, 2007 IP
  3. Freelance GD

    Freelance GD Well-Known Member

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    #3
    So you mean I can hire a lawyer from the other country sitting here? What a lawyer would charge for this case? any idea?
     
    Freelance GD, Jul 22, 2007 IP
  4. login

    login Notable Member

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    #4
    Yes, you cannot send your own lawyer, he dont know the rules of the country.
    A lawyer costs differently in each country, but it would be the normal price that they use for their other clients I suppose.

    But if you could tell more about the case, there are maybe people here that can give more exact advices.
     
    login, Jul 22, 2007 IP
    Freelance GD likes this.
  5. Freelance GD

    Freelance GD Well-Known Member

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    #5
    ok here it is;

    I have some issues with amazon. I want to sue them. Now I need a lawyer from UK. But what if Judge orders me to visit UK?

    I am from Pakistan.
     
    Freelance GD, Jul 22, 2007 IP
  6. krispy1812

    krispy1812 Peon

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    #6
    Amazon have offices in several countries, there may be one closer to home for you that may be more suitable for jurisdiction purposes.

    I hope your case is rock solid if you want to take Amazon on, and you will need plenty of money in reserve just for the privilege also.

    It might also help if you state some details of the claim, and maybe someone could advise you whether you would have a case to pursue, or one that is worth pursuing.
     
    krispy1812, Jul 22, 2007 IP
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  7. Freelance GD

    Freelance GD Well-Known Member

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    #7
    Got an idea of what to do.
    Thanks everyone. Giving some green.:)
     
    Freelance GD, Jul 22, 2007 IP
  8. login

    login Notable Member

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    #8
    I dont know why you cant gp to the UK, but if you cannot afford to go to the UK you will not afford to pay a lawyer to run a case towards amazon in the UK.
    30 hours of work by a lawyer could cost you $10000.
     
    login, Jul 23, 2007 IP
  9. AstarothSolutions

    AstarothSolutions Peon

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    #9
    You need to look at your contract to see which countries law governs the relationship. In most cases it will be the vendors but this isnt always the case with international companies.

    If it is with Amazon.co.uk that you have issues it is actually governed by the law of Luxembourg not the UK as per point 25 in http://www.amazon.co.uk/gp/help/customer/display.html/026-7044951-3930012?ie=UTF8&nodeId=1040616

    You will need to check the laws in Luxembourg.... in the UK at least you cannot claim solicitors fees from the third party even if successful unless your claim is above the small track (£5,000 for none injury related claims) and so paying your solicitor £200+ per hour out of your own pocket may quickly outweigh the amounts you are claiming
     
    AstarothSolutions, Jul 23, 2007 IP
  10. Freelance GD

    Freelance GD Well-Known Member

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    #10
    I can go to UK but I don't want to coz it will really affect my business.

    Yeah I read it. Thanks for finding out the link. I really appreciate everybody's help.
     
    Freelance GD, Jul 23, 2007 IP
  11. toby

    toby Notable Member

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    #11
    man, if something u can fix personally u should do it, court and legal action is the final resort as it is a very costly procedure and could takes years my friend. It is a headache.

    I aint lawyer but i'm studying law in my higher education here.
    toby
     
    toby, Jul 23, 2007 IP
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  12. krispy1812

    krispy1812 Peon

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    #12
    Taking someone to court generally HAS to be the last resort - and usually this requires to be referred to in the action.

    Usually the court documentation will contain a final statement which declares that the defending party has 'refused, neglected or failed' to remedy whatever the claim or defect is, and conclude with the wording 'this action is accordingly necessary' - or something similar, which may vary slightly depending on jurisdiction.

    If you have not exhausted all other avenues, or given Amazon a final notification that you intend to pursue a legal remedy unless they make good, replace, refund or whatever the case may be, you should do so before you pursue this course of action.

    If you hire a solicitor it is something they would do any way as a matter of course before commencing any litigation. So if you haven't done it yet, save yourself a couple of hundred $$$/£££ and do so. Make sure to keep verifiable and appropriate copies for the court or your solicitor.
     
    krispy1812, Jul 23, 2007 IP
  13. mcgauley10

    mcgauley10 Peon

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    #13
    If you have a really good case, go to the best lawyer in Luxemburg or whatever, and offer him 30% of whatever you get out of Amazon. This is the best way to go because then you know the lawyer will work his ass off for you and will try to get the maximum amount of money from the case. And if you lose, then no big deal.

    My cousin did this against a life insurance company, and won because he had a great lawyer and didnt have to pay any money out of his own pocket for lawyer fees, he just gave up %22 of the money from the company.
     
    mcgauley10, Jul 23, 2007 IP
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  14. Freelance GD

    Freelance GD Well-Known Member

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    #14
    I have thought about it and this is what I was going to do but now Amazon contacted me and are ready to replace the items I purchased.

    Court Adjourned :)

    Thanks everyone. Adding reps.
     
    Freelance GD, Jul 23, 2007 IP
  15. ablaye

    ablaye Well-Known Member

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    #15
    I would say forget it.
    Unless you have tons of money to spend and have a lot of power, you are better off moving on with your life.
     
    ablaye, Jul 23, 2007 IP
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  16. mobyme

    mobyme Peon

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    #16
    Do not be afraid of taking Amazon to court. They are not above the law no matter how big they are or how powerful they are. Everybody is equal before the law in the United Kingdom. It will cost you very little to take Amazon before the County Court and if you do not win there; you are unlikely to win at all. I recommend doing it this way because you will have no liability for lawyers costs should you lose. If you win and they appeal, you may very well have to attend the court but at least at this point you know that your case has merit.
     
    mobyme, Jul 23, 2007 IP
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