LEgal Advice on International (UK/US) Contract

[PayrollHRGuy]

Considering that the OP would have to travel from the UK to Naples, assuming he can even do that now and get back to the UK, this might be one of those cases where small claims court isn't the best option from a financial perspective.

 

[quincy]

Considering that the OP would have to travel from the UK to Naples, assuming he can even do that now and get back to the UK, this might be one of those cases where small claims court isn't the best option from a financial perspective.

A small claims action would not eliminate miklink’s need for an attorney, and eliminating the cost of an attorney is why most people will seek resolution of a dispute in small claims courts.

 

[Zigner]

A small claims action would not eliminate miklink’s need for an attorney ...

Why not?

 

[quincy]

Why not?

Mostly because he is in the U.K. and apparently is not familiar with U.S. law or what the terms of his contract mean.

 

[Zigner]

Mostly because he is in the U.K. and apparently is not familiar with U.S. law or what the terms of his contract mean.

Fair enough - and good points. I just didn't want the OP to be under the impression that one is actually required in small claims.

 

[quincy]

Fair enough - and good points. I just didn't want the OP to be under the impression that one is actually required in small claims.

That is good to point out.

I don’t think he personally can do without an attorney even if small claims courts are designed to be user-friendly courts. This does not seem to be the typical small claims action, though ... and could very easily be moved to a higher court by the agency.

 

[PayrollHRGuy]

My thought process against small claims, in this case, is that the $8K limit includes the actual damages court and legal fees. $8K may not cover it when he needs to hire a lawyer.

 

[quincy]

My thought process against small claims, in this case, is that the $8K limit includes the actual damages court and legal fees. $8K may not cover it when he needs to hire a lawyer.

I see a lot of problems with miklink trying to pursue a small claims action in Florida when he resides in the U.K. - but perhaps an attorney in his area can read through the contract and advise him better.

 

[PayrollHRGuy]

I don't know that a UK attorney will be able to help much other than point him in the direction of a Collier County, Florida attorney as I suggested soon after he posted the wording of the contract.

 

[quincy]

I don't know that a UK attorney will be able to help much other than point him in the direction of a Collier County, Florida attorney as I suggested soon after he posted the wording of the contract.

An attorney in the U.K. who is familiar with international contracts should be able to analyze the terms and offer an opinion. I think finding an attorney local to him could save miklink money.