How can I sue a person that is not in the US while myself being a legal entity in the US, but not residing there?

UPDATED: Sep 30, 2022

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How can I sue a person that is not in the US while myself being a legal entity in the US, but not residing there?

I am a non-resident alien, registered as a sole proprietorship in Austin, TX.
My company provides digital design services. I have a contract with a
Germany-based company, which states that all deliverables belong to the
Client to them. A person stole the source files from our computers and
shows this work online as his own. We filed a DMCA takedown request with
an internet service provider and the work was taken down, but the person
filed a counter-request stating that the work belongs to him. I would like to
file a lawsuit against that person. How I can do that, considering the person
is a non-resident alien, not living in the US, and being a citizen of Ukraine?
While myself, being registered as a legal entity in the US, am not living in the
US at the moment. Thank you

Asked on February 25, 2017 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based on what you write, you'd have to sue him in the Ukraine (or wherever he is living), since courts generally only have jurisdiction (or power) over defendants (people being sued) within their geographic territory--that's why a U.S. court would not have power over a non-resident alien living outside the U.S. As for how you'd sue him in the courts of the place where he lives, that is beyond the scope of this website.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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