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American Company Not paying

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  • American Company Not paying

    Hello. I make t-shirt designs and have had a shop with a website for 5 years. Without warning they shut my shop and they cancel all current orders, around 100. I can understand the cancelling orders. However they will not respond to any correspondence via email, forms or social media. I have not had a single reply from them in over 3 weeks. They have not paid for the previous month.

    They usually pay on the 15th. This would be 3 weeks before closing the shop where it's almost certain those orders are sent and paid for. I have sales emails per sale and there are around 200. I'd be owed around $300. They have also broke their own terms not paying on the 15th. The frustration with their no reply policy is leading me to want to take legal action, but I'm not sure I can or afford to.

    - Can I take them to the monies claim website "MCOL" or is this only for UK based companies? If not, is there anything else I can do?

    (Incidentally they shut my shop due to DMCAs. A form of copyright take down which they do not adhere to fully. I file counter claims as companies almost always claim parody work they should not. Although a grey area the company is question 100% do NOT send counter claims to the claimer, which is not legal in itself but not something I don't need to go into, but I am trying to explain I'm a legitimate artist and well known in the design community, not one of those dodgy rip off/image thieves)

    Any help if appreciated, as you can imagine not only have I now lost a lot of monthly income, for them not to reply once is extremely frustrating and I think ridiculous for a company to do. From what I can gather they do this to everyone.
    Tags: None

  • #2
    There is no point taking legal action in the UK against a US company that has no UK presence. The US does not recognise or enforce judgments of UK courts.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      There is no point taking legal action in the UK against a US company that has no UK presence. The US does not recognise or enforce judgments of UK courts.
      I see, they do sell to the UK. So there's no way to do anything?

      Comment


      • #4
        You may sue in the appropriate State.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Sorry, I meant to add that you should study the terms and conditions that you will almost certainly have accepted when setting up your trading account on this website. They will tell you the govening law and the country or state with jurisdiction, and a lot else besides.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by atticus View Post
            Sorry, I meant to add that you should study the terms and conditions that you will almost certainly have accepted when setting up your trading account on this website. They will tell you the govening law and the country or state with jurisdiction, and a lot else besides.
            I've got the terms its just one page of generic stuff. It doesn't mention not paying if they close your store from a month earlier. It just states they will pay on the 15th.

            Im in the UK myself, so how would I sue in their state? It is new york. I guess it is just not possible and they have stolen the money and got away with it.

            Comment

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