Midnight Running and being chased advice

tommypizza
Posts: 58
Joined: Fri Aug 26, 2011 11:35 am

Re: Midnight Running and being chased advice

Post by tommypizza »

A lot to do about nothing. You are safe. These kind of things happen every day. Not worth it for them to pursue you across international borders...they will write up the loss. Forgive me if this sounds rude but you are not that important. Extenuating circumstances could prove me wrong, I reckon but don't respond to anything...move on with life.
PsyGuy
Posts: 10789
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

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Post by PsyGuy »

@blinky

There really isnt such a thing as completely right, in terms that right has degrees. Findings are published on the basis of the claim with the superior merit. In that sense the superior claim and argument is completely right. There may be mitigation and extenuation on the judgment, but there is an accepted argument and all others are rejected.

Actually thats not true, when a . seeks to domesticate the judgment of a foreign court, it is the judgment alone and not the findings or opinion of the originating court that are determined to be accepted by the court. The issue is whether enforcement of the foreign judgment complies with the law of the accepting domestic jurisdiction. The accepting court does not litigate the merits of the claims nor the findings of the foreign court. There is no compulsion for the domestic court to agree with nor share common statute of systems of law. In most cases of domestication when it fails its because some legal principal or statute prohibits enforcement of a foreign courts order.

I have no doubt the IT would have counter claims but they would need to adjudicate them in the court of jurisdiction that they were sued in. The most common is a default judgement where the IT simply doesnt attend and the merits of the suing . are accepted. An accepting domestic court may have a statute or principal that reqjects default judgments from foreign courts, but its not an indication of the domestic court that they disagree with the finding or procedure of the foreign court. The petition for domestication simply doesnt mean the criteria of the statute.

Define justifiably? Evey IT Ive ever met who pulled a runner from an IS believed they were justified, and no IS has ever acknowledged that an ITs runner was warranted.

The way you phrase it it happens all the time. DTs are sued by LEAs and districts all the time. Its pretty common that as an administrative action in many US states that pulling a runner is contract abandonment and subject to sanctions including suspension and revocation of a license.
In the UK a DS or LEA could request a barring order from the TCL for contract abandonment, though they would have to be really motivated to do so.

Within IE some regions require and exit visa and some regions can bar travel ona foreign passport holder for civil complaints. These are probably the biggest horror stories. Where an IT is stuck in the Kingdom or SG without a job or income waiting for some judicial process to unwind and complete itself potentially for an extended period of time. There was an IT and their family who was essentially homeless and living in their SUV who couldnt get out of the country. They owed their IS coin on several advances. Eventually the embassy arranged for departure of the minor children and the non working spouse. The remaining IT arranged for travel of his brother, swapped passports with his brother and left the country as a tourist. The remaining brother then reported the passport as missing and obtained a restricted travel document to return home.
One case of an IT was stuck in SG in a similar scenario, though the amount was only $5KSG which hurt the ITs ego more than their bank account, but it would have cost far more to stay in SG without an income.
There was a similar scenario in the Ukraine, the IT was informed they would be arrested for defaulting on their housing contract, they essentially traveled across the border and then departed the region.
Another similar case occurred in Mongolia, though there was no arrest involved the lawsuit alleged extensive damages, the IT evaded the suite by departing the country despite there being a travel ban on their exit.
These are more cases of immigration controls than civil suits.

Thee are several other examples where ISs successfully sued but these cases were all in regions where the IT remained after leaving the IS, and the values were small. The most common is unreturned IS property, almost exclusively laptops. No domestication here.

There have been a few cases of US DTs who left DSs were the DT got a signing bonus for certain high needs fields and left before their contract concluded, resulting in a substantial over payment. While the districts/LEAs sued and won, these judgments werent domesticated, they simply remained outstanding debts.

The closest to your scenario involved a lawsuit in Germany, the IT had left the country and was at another IS, and the German IS was able to domesticate the judgment in England, it ended up being a loss to the German IS, as the English order was only for compensatory damages and not court and legal costs, which amounted to a little under £1K compared to the original judgment of €8K. I know of 2 other similar cases (all involve EU countries with ITs originally from the UK), all were for ultimately modest amounts. So three total.
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