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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I started a company in USA which has since closed. I had a

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I started a company in USA which has since closed. I had a few months left on the lease of the warehouse but as the company closed I no longer needed this and handed the keys back. There was a deposit paid that the landlord has retained and we paid for all rent up to the point of leaving and the premises was also passed back to the landlord in a better state than when it was received to me. The landlord is chasing me for payment of the remaining months and also for other charges for breaking the contract early.
This contract was put in the name of my UK company which is a LTD company and still exists but had the company address of the USA warehouse, the landlord put my existing company name because at that time my US company was not set up and a company name was needed. I also had to fill in a personal guaranty in my name that states if the rent was not paid that i would personally pay. I am personally not located in the US. All contracts say governed by USA laws and USA courts have jurisdiction.
Can he enforce a judgement on my UK company or me from USA when my UK company and I have no presence in the USA and I’m not in USA to defend this? Is there any way he will be able to take action against me or my company in UK and get it enforced?
This is not about if we can win the case or not, this is just if the landlord would be able to actually enforce any judgement he may get awarded in his favor considering my company and I no longer have any presence in USA?
Any help on this would be appreciated.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How much is owed please?
Customer: replied 1 year ago.
6 months rent left on the lease $2000 x 6 = $12000. He says should this go further this will increase to $18000 plus any extra court and legal fees etc.This contract was put in the name of my UK company which is a LTD company and still exists but had the company address of the USA warehouse, the landlord put my existing company name because at that time my US company was not set up and a company name was needed. I also had to fill in a personal guaranty in my name that states if the rent was not paid that i would personally pay. I am personally not located in the US. All contracts say governed by USA laws and USA courts have jurisdiction.
Can he enforce a judgement on my UK company or me from USA when my UK company and I have no presence in the USA and I’m not in USA to defend this? Is there any way he will be able to take action against me or my company in UK and get it enforced?
This is not about if we can win the case or not, this is just if the landlord would be able to actually enforce any judgement he may get awarded in his favor considering my company and I no longer have any presence in USA?
Any help on this would be appreciated.
Expert:  Ash replied 1 year ago.
It's very hard to enforce here in the UK. First they have to get over the jurisdiction problem. The issue is that the contract was in the USA and not UK. Therefore because of this they can't issue proceedings here in the UK. The second is enforcement. Usa judgments can't be enforced in the UK.
So they won't be able to do anything to you here in the UK.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you for the information, understood, but just to clarify on "very hard" , are you saying it is practically impossible or do you mean more along the lines of that there is something he can do to enforce this in UK but he just has to go through extra steps?
Expert:  Ash replied 1 year ago.
It is possible but very unlikely.
They would need to get Judgment and apply to the UK Court to enforce. They they have to overcome jurisdiction issues.
Does that help?
Alex
Customer: replied 1 year ago.
Thank you again, I have a couple of questions;
1. You have advised unlikely. Is it unlikely because you think the landlord would unlikely go to the trouble of trying to enforce in UK or unlikely because a court would unlikely enforce the judgement due to jurisdiction?
2. What would the landlord have to do to overcome jurisdiction issues?
Expert:  Ash replied 1 year ago.
1. No
2. Convince a court it was a UK contract
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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