Ok. Let's say for the sake of argument Neteller decides never to pay out to US residents.
As a result I hire a lawyer (God I hate that thought) get my day in court here in San Diego where I live and win a judgement.
I suppose it's possiible to then fly to the Isle of Man or the UK where Neteller has assets and present my State of California court judgement to Neteller's bank and ask them to take the amount of money awarded me in the judgement from Neteller's account and hand it over to me. It's always possible to ask.
But here's my real question: Is there any realistic chance that Neteller's European bank is going to recognize a judgement from a state outside the jurisdiction where they operate? It's one thing to present a State of CA judgement to a bank in say NY and expect to have it recognized. It's quite another thing entirely when you cross international borders.
Or am I wrong about that?
-jp
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As a result I hire a lawyer (God I hate that thought) get my day in court here in San Diego where I live and win a judgement.
I suppose it's possiible to then fly to the Isle of Man or the UK where Neteller has assets and present my State of California court judgement to Neteller's bank and ask them to take the amount of money awarded me in the judgement from Neteller's account and hand it over to me. It's always possible to ask.
But here's my real question: Is there any realistic chance that Neteller's European bank is going to recognize a judgement from a state outside the jurisdiction where they operate? It's one thing to present a State of CA judgement to a bank in say NY and expect to have it recognized. It's quite another thing entirely when you cross international borders.
Or am I wrong about that?
-jp
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Actually, you would have to ask the court (in Isle of Man or wherever) to recognize the U.S. judgment first. (The bank won't do anything unless the court in that jurisdiction recognizes the judgment.) Once the court there recognizes it (I'm 99% sure they would), then you are golden. You file the papers with the court to attach Neteller's property, and they have no choice but to pay you, or you can ask the court to sell the property & pay you with the proceeds.
If that's the case then why am I letting these clown give me the run around on the phone and in emails and doing everything I can to jump through all of THEIR hoops to try and get residency in another country?
Enough is enough.
I'm going to talk with a lawyer tomorrow. If what you say is true it looks like these clowns will need to start jumping through MY hoops pretty soon.
-jp
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Enough is enough.
I'm going to talk with a lawyer tomorrow. If what you say is true it looks like these clowns will need to start jumping through MY hoops pretty soon.
-jp
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I'm not sure how much you have in Neteller, but attorneys aren't cheap.
I would suggest doing some research yourself (www.findlawcom is free) and file the suit yourself. You can always contact an attorney when things get complex.
Again, you can't. Only way it is remotely possible is in a case of Gross Negligence. That would not apply. Use the FindLaw link supplied above and check out the research on Enron. There is an example of Gross Negligence and it was still ruled that Stockholders and Employees (w/ Pensions and other interests) were SOL.
Exactly. And in this case the alleged "beach of contract" occurred at a time when Lawrence and Lefebvre have no position with, nor decision making capacity at NETELLER.
You'd have as much luck suing [SIZE=-1]Goldman Sachs, Merrill Lynch and Morgan Stanley, NETELLER PLC's other major shareholders. Don't even waste your time.
[/SIZE]
As long as Netellers EFTs were "going through" Lawrence and Lefevres bank accounts, it would be fairly easy to prove they were more intimately involved with the company than mere shareholders...
They founded the company.
They likely owned the company when you registered.
They still own 10% of the company.
They own the shell accounts (And likely profit from) NT uses for US EFTs.
That doesnt sound like an innocent shareholder to me.
Sean
They founded the company.
They likely owned the company when you registered.
They still own 10% of the company.
They own the shell accounts (And likely profit from) NT uses for US EFTs.
That doesnt sound like an innocent shareholder to me.
Sean
