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My business is in San Francisco how do I sue a person that lives in the UK?

This is a discussion on My business is in San Francisco how do I sue a person that lives in the UK? within the BMW forums, part of the Manufacturers category; I had a client rent a motorcycle from us in San Francisco. The client came to our office and took ...


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Old 05-22-2009   #1
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Join Date: Nov 2008
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Default My business is in San Francisco how do I sue a person that lives in the UK?

I had a client rent a motorcycle from us in San Francisco. The client came to our office and took the bike from our office. Before we let clients take our motorcycles we get a signed 2,500.00 “Authorization” on their credit card. The authorization is used in case the client damages the motorcycle and automatically drops off after the client returns the motorcycle undamaged. This client used his American Express Card to pay for the two separate charges. He signed one credit card slip for the rental and another credit card slip for the deposit. He then took the bike north along Highway 1. Two days later he dropped the motorcycle, while the engine was running, into a large puddle of water in excess of 12 inches deep. The water was sucked into the engine which seized the engine causing over $1,500.00 in damages. The good new for us is that the client called me and asked me to call the local BMW dealer to get advice. I called the BMW dealer and he suggested that the client does not try to start the motorcycle. He should have it towed to their shop. When I relayed this to the client the client then wanted to speak with the BMW dealership directly. I gave him the phone number and the client called the BMW dealer directly. He told the BMW dealer the same story he told me and I now we have an unbiased witness that he dropped the bike into a puddle of water while the engine was running. Thus, implicating himself as being responsible for the damages. The client took our full coverage insurance which has a $2,500 deductable in the event of a “Comprehensive” claim. The client was given a verbal example of a comprehensive claim. He was told that “an example of a comprehensive claim is if you drop the motorcycle accidentally as opposed to a collision”. Collision claims have a $0 (zero) deductable but a police report is required. The bottom line is the client is claiming that the bike engine seized by itself and had nothing to do with being dropped in water. He has refused to accept responsibilityfor his negligence and has disputed both the rental charges and the damage charges on his credit card bill. American Express has a policy that we just discovered. we can not use their card for damage deposits and they told us to take the client to small claims court. From now on we will not use American Express for damage deposits and will try to avoid using them for anything! I know how to sue him in San Francisco small claims court but how to I go about getting him served to appear in San Francisco? Also, if I win how do I collect? Any help is appreciated! ------
Michael M is offline   Reply With Quote
Old 06-04-2009   #2
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I don't know that you can. Once back in the UK this person is immune from just about anything you can come up with. Now, if this person happens back in the US...then you might have a chance.

Time to get advice from your insurance company. They have attorneys on staff that can help you.
John is offline   Reply With Quote
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