VADIVM.

Type of refusal

Non-delivery with a counterparty in United States

The counterparty in a US non-delivery case is usually a corporation, LLC, or fund vehicle registered in a US state. Its filing history, registered agent, and standing are public record. Which forum applies and what procedural steps follow is not answered here. See non-delivery across jurisdictions and what counts as proof of a delivery failure.

Who is actually on the other side

Before anything else, identify the exact legal entity that was supposed to deliver the shares, tokens, or membership interest. A name on a subscription agreement is not proof of who controls it. US state registries show the entity's formation date, registered agent, current status, and any administrative dissolution. A dissolved or inactive entity changes what recovery looks like before any court is involved.

Check whether the person who signed acted personally, as an officer, or as an agent for an undisclosed principal. This distinction matters more than where the agreement was signed. For how counterparties disappear after a raise, see what happens when a counterparty stops replying. General background is at the United States jurisdiction page.

What to secure before the counterparty reacts

Collect the subscription or purchase agreement, all payment confirmations, and every written promise of delivery, including messages outside the formal contract. Screenshots are evidence only if their origin and timestamps can be shown; export chat and email threads in a format that preserves metadata, not just the visible text.

Identify any assets the counterparty still controls: bank accounts, exchange accounts, other portfolio companies. This groundwork determines whether a later judgment would be worth anything, before any filing decision is made. A written assessment of what has been secured and what is missing is the starting point for a refund and delivery claim.

Where a judgment would have to be enforced

The US signed the 2019 Hague Judgments Convention on 2 March 2022 but has not ratified it, so that treaty route does not yet apply. An arbitral award generally travels more reliably across borders than a court judgment. Documents moving between the US and abroad are apostilled rather than legalised through consular channels, a route in force since 15 October 1981.

Which filing sequence applies depends on the case and is not set out here. See enforcement from the UAE to the US and enforcement into the United States generally. This firm does not work for a result-only fee; its registration is checkable in the public register referenced at how to verify a law firm.

Rafael Otero