Legal Question in Business Law in Florida

Collection of past due debt.

I owe a company around 5,000.00 dollars, the debt is under my business name and I am in the state of Florida. The company I owe the money to is in Atlanta, GA . What court would have the jurisdiction over tis matter? Would it be FL, GA, State , county etc. And how would the judge resolve the matter because I am not arguing that i am responsble for the debt.


Asked on 6/03/03, 3:30 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Collection of past due debt.

If your business was a corporation, it is responsible for the debt not you. If a sole proprietorship, you are responsible. They can sue in either Georgia or in the county where you live. Since you have no defense the court may try to settle it offering you a payout schedule. Good luck.

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Answered on 6/03/03, 3:58 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Collection of past due debt.

See prior reply. Depending upon whom is the liable party, you should consider defending the claim.

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Answered on 6/03/03, 4:22 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Collection of past due debt.

If your corporation is the only party responsible for the debt, then the crediotr cannot pursue you personally, but may only seek a judgment against the corporation. If the corporation has no assets and you do not intend to do anything with it in the future, it may not matter to you whether the creditor/plaintiff files a lawsuit and obtains a judgment since it will never be collected, although your deposition in aid of execution of that judgment will likely be taken in an effort to learn whether the corporation has any assets, accounts receivables, etc. Without knowing more about your case, I cannot definitively answer your question concerning jurisdiction. If you corporation has assets and you have no defense to the claim, you may want to work out a payment plan you can honor. Good luck.

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Answered on 6/03/03, 4:35 pm


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