Can someone from the U.S. sue somone in the U.K.?

[DianeLeigh]

What is the name of your state (only U.S. law)? Connecticut

I need to bring a civil suit against someone who has left the state and has moved back to the U.K. where he is a citizen. Is this feasible? If so, what is involved or how do I go about it?

 

[Ozark_Sophist]

Why do you want to sue this person? What is the value of your potential claim?

 

[DianeLeigh]

This person asked me to put a boat in my name. He then sold the boat and did not pay off the loan that is in my name. The bank is obviously coming after me for the money since I can't give them the boat. I would like to sue this person for the money to pay off the loan. The balance on the loan is $115K

 

[seniorjudge]

How did he sell the boat if it was in your name?

 

[DianeLeigh]

He forged a bill of sale. In CT there are no titles for boats, so he convinced the person that he bought the boat out right. However, there is a lien against the boat.

 

[jdawg83]

So from reading your post that would mean that you know where the boat is (at least that is what it seems from you knowing the specifics surrounding the sale). That would lead me to believe, and someone let me know if im wrong, that the Bank has the rights to the boat, because if it was fraudulently conveyed to a third party, the Bank should have the right to repossess the boat and charge you for the difference if they sell it at auction, to cover the difference. This would also lead me to believe that it is the third-party that actually really and truly has a cause of action against the person that sold them the boat, the person that you brought the boat for and not you, although you could probably sue him from the difference of the sale of the boat and the remaining balance.

What say you?

 

[seniorjudge]

Methinks we heard not the whole story.

 

[DianeLeigh]

YES, exactly true. This is a very small shoreline area, so it was fairly easy for me to find the boat. My attorney and I had negotiated with the bank. I told the bank where they could find the boat. The trouble is, they called the marina to either notify them they were coming or to double check that the boat was there. In either case, it was a stupid move because apparently the marina notified the "owner" and he has moved the boat. Now we have no idea where the boat is. My attorney is telling me there is not much I can do at this point (which seems odd to me), and that the next step is that the bank will likely sue me and possibly have me arrested for fraud since apparently it was illegal for me to put the loan in my name in the first place knowing that someone else was "responsible" for making the payments. They say I was acting as a "straw man".

 

[jdawg83]

There is something you can do, if the new "owner" of the boat conceals mortgaged property from you, you have a cause of action against the owner, its not your fault that he was illegally sold a boat, that will be something he will have to pursue against the person that sold it to him. If you know who he or she is, you can sue that person for the return of the boat, you need to get a better lawyer if he told you that you were SOL. If you bring forth a cause of action against the owner you can subpoena the records the marina has and get pertinent information on the new owner.

Furthermore, Straw purchases are illegal.

 

[DianeLeigh]

THANK YOU for you reply. I thought it was a strange response from my attorney as well. He suggested that I try and get information out of the marina or hire a private dectective to find the boat. I asked him if we could possibly get the police involved and he didn't really think so. I felt like he was implying that this was the end of the road and I thought that seemed very strange. Needless to say, it hasn't been sitting well with me. That's why I am researching on my own.

 

[jdawg83]

I can understand why the new "owner" would want to conceal the property, he brought it he thought "fair and square" and when he was contacted by the marina saying the bank was coming to take it, he saw his $115K or how ever much he brought it for "floating" away, its a natural human instinct, doesn't make it legal though.

I was in a similar situation with a third party take over, it wasn't a straw purchase because at one time the car i owned was for me, but then the third party disappeared with the car, and left me holding the balance w/ no car to sell to recoup, I couldn't pursue it through the police because it was a business contract because the car wasn't stolen, I put it in the program. But I was able to sue them for the damages to my credit report and for fraud, problem is I could never find them to serve them and I still ended up footing the bill.

In your case the boat was stolen by your friend and illegally sold to a third-party, you can't collect damages from the third-party because they transacted in good faith, but you can sue and possibly press criminal charges against your friend. As far as the third-party is concerned they can't withhold a boat that they have no legal rights to, its sucks for them.

What I would do if I was you is contact the third-party, either personally or through a lawyer, both in writing to support your communication and over the phone, and explain to them the situation. Have them return the boat to you/the bank, and then begin researching how you both can sue your friend. Problem is its not the bank's fault that you did a straw purchase and you are the ultimate one responsible for the balance and they will win any lawsuit they file against you, you could file a cross complaint (third-party complaint) but there was no contract between your friend, so the Court will not entertain that your friend owes the bank and not you. This means its a separate T/O so you will more than likely have to foot the bill, pay the bank, and hope to find your friend and try to get your money back.

Since it is more advantageous for the third-party to sue your friend, I would try and add myself to a lawsuit they would try and file against your friend, and split court costs and legal fees in a fair proportion to the damages sought.

 

[DianeLeigh]

I can't thank you enough for taking the time to give me advice. It's been REALLY helpful. This situation has been an ongoing nightmare for the past couple of years. I have been trying to get this loan paid off so that the "owner" would be able to keep the boat that he paid for. Unfortunately, that has not happened and I have no other option but to have the bank take it and try to get the balance due down.

It turns out that my "friend" is a complete con artist. At one point in time I also had two cars in my name. Fortunately I was able to sell them once I was not upside down on the loans. That took awhile. It has been very difficult trying to deal with someone who you know is a liar and a criminal because you are forced to. I would have cut this person out of my life a LONG time ago if I was able to. Unfortunately, I was stuck having to try and play nice in order to try and take care of all these loans. That went against my very being. I don't tolerate liars. I'm a good and honest person who has worked hard to buy my own home and establish good credit. This person's illegal wrong doings is wreaking havoc on my life in EVERY capacity. I can only hope what comes around goes around and that he gets what's coming to him.

Dealing with the attorneys has not only been costly, but it has been very frustrating. The first lawyer I was dealing with for about 6 months left the firm. I would have liked to have continued working with him, but I had paid my retainer to his prior employer and didn't have additional money to spend. As a result, the reassigned me to another attorney in the firm. He was great, but eventually the exact same thing happened. Now I am dealing with one of the partners who, I get the feeling, just doesn't feel like dealing with the case. I would love to start working with the the other two attorneys (who happen to work together now), but I am broke. I can't really afford to pay another retainer for something I have already been working on for a few months. UGH! Will it ever end?!