Georgia-incorporated LLC is an entertainment company that represents musicians and entertainers in the US and abroad. All relationships are based on a contract specifying Fulton County, Georgia as the choice of venue and governing law.
If a talent that the company represents is a foreign citizen located abroad and materially breaches a term of this contract, will the company be able to bring civil suit in a Georgia state court against a foreign citizen to litigate the breach?
1 Answer from Attorneys
If the agreement specifies GA as the governing law and venue then sure you can bring the case to a GA court, but will the foreign defendant show up? If not, you will get a default judgment but if the foreign defendant has no assets in the US what good is that judgement? So then you need to get what is called a foreign money judgement award enforcement order in the country where that defendant resides. The courts of that country however are not just going to help a US plaintiff seize assets from one of their citizens who never even had a hearing, so that court will require some due process. By the time you are done you may have spent way more in legal fees than you will ever get back. Every case is different however.
If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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