VADIVM.

Type of refusal

Refusal to refund with a counterparty in United States

On the other side of a refusal to refund is usually a US-registered entity, at times layered behind an offshore vehicle. How a claim proceeds here is determined by the case file, not published on this page. What is checkable now, before any procedural step, is what the public record shows about that entity, and where a judgment or award would eventually have to reach assets. Other O3 cases start from the same point, see refusal-to-refund cases across jurisdictions.

Who is actually on the other side

Most US counterparties in a refusal-to-refund dispute are LLCs or corporations registered with a state Secretary of State. That registry confirms whether the entity exists, its filing status, and its registered agent, nothing about solvency or where its money sits today. Beneficial ownership filed under federal transparency rules is not public. If the investment ran through a fund structure, the manager and the fund are usually separate entities, and only one may hold assets worth pursuing. Confirming which entity actually received the money, and whether it still exists, is a documentary exercise. It matters more than the general jurisdiction background at the US jurisdiction overview, and it is the same question raised when a counterparty goes quiet, see what to do when the counterparty stops replying.

What to secure before the counterparty reacts

Before the counterparty reacts, preserve every wire confirmation, subscription agreement, side letter, and message where the counterparty acknowledged owing money. Keep originals, not just screenshots. Identify what the counterparty owns now, an account, a property, an operating business, rather than what it owned when the money went in. Whether an interim measure such as a freeze is available at all is established from the case file, not assumed here. Do this quietly; alerting the counterparty before assets are located tends to make them harder to find. The scope of what a refund and delivery claim can cover, and what it cannot, is set out at the refund and delivery claims service page. Separately, whether a refusal like this is ever treated as a criminal matter is addressed at whether a refusal to refund is ever criminal.

Where a judgment would have to be enforced

The United States signed the 2019 Hague Judgments Convention on 2 March 2022 but never ratified it, so that treaty route stays closed. Whether a statutory route exists for this particular pair is checked case by case, not read off a general list. An arbitration award follows a route that is structurally more reliable than a court judgment once it reaches US enforcement. Documents produced abroad for that process can be authenticated by apostille, since the US ratified the Apostille Convention, in force since 15 October 1981, subject to a stated reservation. The mechanics of getting a decision into the US are set out at enforcement of foreign decisions into the US, and a comparable route from one origin is shown at the UAE-to-US enforcement route. The firm does not charge on a share of what is recovered, and its registration can be checked using how to verify a law firm.

Rafael Otero