How can I sue a person that is not in the US while myself being a legal entity in the US, but not residing there?
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How can I sue a person that is not in the US while myself being a legal entity in the US, but not residing there?
I am a non-resident alien, registered as a sole proprietorship in Austin, TX.
My company provides digital design services. I have a contract with a
Germany-based company, which states that all deliverables belong to the
Client to them. A person stole the source files from our computers and
shows this work online as his own. We filed a DMCA takedown request with
an internet service provider and the work was taken down, but the person
filed a counter-request stating that the work belongs to him. I would like to
file a lawsuit against that person. How I can do that, considering the person
is a non-resident alien, not living in the US, and being a citizen of Ukraine?
While myself, being registered as a legal entity in the US, am not living in the
US at the moment. Thank you
Asked on February 25, 2017 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Based on what you write, you'd have to sue him in the Ukraine (or wherever he is living), since courts generally only have jurisdiction (or power) over defendants (people being sued) within their geographic territory--that's why a U.S. court would not have power over a non-resident alien living outside the U.S. As for how you'd sue him in the courts of the place where he lives, that is beyond the scope of this website.
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