Choosing where to sue is a matter of fundamental importance. When deciding where to file a claim, the plaintiff (the person or people bringing the lawsuit) must consider and evaluate many factors. The decision will be heavily influenced by where the stolen assets are located and where the defendants have legal contacts.

People considering legal action to locate and recover stolen assets must determine where to file their claim. This decision is crucial as it will influence the type of legal claim you can file and the jurisdictional rules that will apply.

Burgwald Legal specializes in identifying, locating, and recovering stolen assets, even across international borders. Attorney Ralph Burgwald studied in Münster, Germany, and at the Emory University School of Law in Atlanta, Georgia, USA, on an academic scholarship. He practices in Munich, Germany, and is also admitted to the bar in the US states of New York and Georgia. His practice focuses on the recovery of assets concealed by debtors.

Understanding Jurisdiction

Before commencing legal action, the plaintiff must select a legal forum with jurisdiction to hear the case. “Jurisdiction” means the court has the power to hear the case and the legal authority to decide certain matters and assert legal power over people and things. More than one court may have jurisdiction.

Jurisdiction is an important question in any legal claim. It determines the substantive and procedural laws that apply and sets the scope and limits of the court’s legal authority to hear and make decisions about the claim.

Establishing Jurisdiction

Courts generally have jurisdiction over people and things within their borders. However, the connection between the people and assets in question need not always be extensive. To assert jurisdiction, a defendant only needs to have “minimum contacts” with the jurisdiction to be subject to litigation there.

While jurisdictional rules vary from one location to another, courts generally have jurisdiction if one of the following applies:

• A defendant resides or regularly does business there
• The defendant has consented to the court’s jurisdiction, such as through a contractual arrangement
• An act concerning the stolen assets occurred there
• The proceeds of the criminal act are located within the court’s jurisdiction
• The contract was executed there

Challenging Jurisdiction

Once a defendant has been notified of the lawsuit, they may seek to challenge the court’s jurisdiction. Undermining the court’s legal authority to hear the case can be a strategic decision to try to get the lawsuit dismissed.

A legal case may be dismissed if the court determines it does not have personal jurisdiction or subject matter jurisdiction over a case. Defendants may claim they have no ties to the selected jurisdiction, or that another court is a more appropriate jurisdiction to hear the case.

Additional Considerations

Beyond establishing minimum contacts with the jurisdiction, there are strategic considerations that must be addressed. The law that applies to a claim can vary significantly from one jurisdiction to another. In cases where more than one court has jurisdiction, choosing where to file a lawsuit can significantly impact the success of your claim.

In cases where there are already legal claims pending against a particular defendant, it can be advantageous to file lawsuits in the same jurisdiction.

Arbitration: Considering Non-Judicial Forums

A discussion or jurisdiction would not be complete without addressing the issue of arbitration. Some contracts contain clauses where the parties agree to be bound by the process of arbitration. Other times, parties may be willing to engage in arbitration to resolve a dispute without court intervention.

Arbitration is a method of dispute resolution in which the parties agree to have their disagreement settled by a third party. The parties present their evidence to an arbitrator who reviews the evidence and makes a decision.

The rules of arbitration are generally more relaxed than a formal court proceeding, and arbitration is often quicker and less expensive than litigation.

How Burgwald Legal Can Help

If you are considering legal action to recover stolen assets, Burgwald Legal can help. Attorney Burgwald primarily serves clients in Germany and works with a worldwide network of colleagues focused on identifying and recovering stolen assets. To put our expertise to work for you, contact Burgwald Legal today.