Promissory note signed outside USA 1

[Nitro2121]

What is the name of your state (only U.S. law)? Caribbean. Mr A lends 100000$ to Mr b in an English speaking Caribbean Island. Mr b signs a promissory note there. Mr b migrates to USA subsequently. Caribbean Island court not likely to be able to enforce judgement in USA. How can Mr a recover from Mr b. Can case be filed in USA although promissory note was signed outside USA? Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? Caribbean. Mr A lends 100000$ to Mr b in an English speaking Caribbean Island. Mr b signs a promissory note there. Mr b migrates to USA subsequently. Caribbean Island court not likely to be able to enforce judgement in USA. How can Mr a recover from Mr b. Can case be filed in USA although promissory note was signed outside USA? Thank you.

Are you Mr. A or Mr. B?

 

[adjusterjack]

What is the name of your state (only U.S. law)? Caribbean. Mr A lends 100000$ to Mr b in an English speaking Caribbean Island. Mr b signs a promissory note there. Mr b migrates to USA subsequently. Caribbean Island court not likely to be able to enforce judgement in USA. How can Mr a recover from Mr b. Can case be filed in USA although promissory note was signed outside USA?

Yes, a lawsuit can be brought against Mr B where he lives in the US and the promissory note is likely to be enforceable. Mr A will, of course, incur travel expenses that he won't get back. He is likely going to have to pay an attorney a large amount of money with little hope of getting that money back.

Unfortunately, getting a judgment against Mr B is no guarantee that Mr A will ever see his money.

 

[Nitro2121]

I am Mr a. I lent the money to Mr b. Would it make a difference if the judgement handed in the Caribbean Island was enforcible in the USA. Thank you. Regards

 

[Ohiogal]

What part of the Caribbean? That could matter. Name the Island.

 

[Zigner]

I am Mr a. I lent the money to Mr b. Would it make a difference if the judgement handed in the Caribbean Island was enforcible in the USA. Thank you. Regards

So, you already HAVE a judgment then?

 

[quincy]

I am Mr a. I lent the money to Mr b. Would it make a difference if the judgement handed in the Caribbean Island was enforcible in the USA. Thank you. Regards

Where in the US is Mr. B now located?

Does Mr. B own property in the Caribbean?

 

[HRZ]

IF you have a valid judgement against A it may be a somewhat straightforward matter to domisticate that judgement into the state where A now resides ...and proceed to collect same under the rules of the new state ...but the rules are not necessarily easy ...I've domesticated a few...and that's only basically a hunting license...you still need to chase down the assets and collect.

 

[quincy]

IF you have a valid judgement against A it may be a somewhat straightforward matter to domisticate that judgement into the state where A now resides ...and proceed to collect same under the rules of the new state ...but the rules are not necessarily easy ...I've domesticated a few...and that's only basically a hunting license...you still need to chase down the assets and collect.

Nitro is Mr. A. He lives in the Caribbean and he is the one who loaned the money to Mr. B.

 

[latigo]

I am Mr a. I lent the money to Mr b. Would it make a difference if the judgement [sic] handed in the Caribbean Island was enforcible [sic] in the USA. Thank you. Regards

The maker of the note is vulnerable to being effectively sued wherever a court of competent jurisdiction can obtain personal jurisdiction over the maker.

It is known as a "transitory" cause of action. "Transitory" in contrast to a "local" cause of action.