If I’m an LLC in the UK and sent my goods on consignment to a US store but it failed to pay me or return unsold products, how can I sue them in small claims court in the US?

I can’t fly to the US. Can I have a representative?

Asked on September 26, 2014 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While you can have a lawyer represent you in court, a lawyer *cannot* testify as to the facts, since he/she has no personal knowledge (only a witness with personal knowledge can testify, or even authenticate documents for consideration by the court). Therefore, if you cannot appear in a U.S. court, there is effectively no way to bring this case, since you would be unable to present any evidence supporting your claim.

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