Legal Question in Business Law in Florida

Fraud

I am in Ga and the company I did business with is in FL. Mortgage lead provider. Bottom line is that I was not satisfied with the service they promised. Per their policy I had to wait 90 days from the activation of my acct. before a refund is considered. End of 90 days was in Oct 2006. After many of months requesting my refund I finally received a e-mail that states ''your refund was warranted'' and will be mailed out on January 27, 2007. I have yet to receive my refund nor will they take my calls. My question is since they are a corporation, can I file a small claim through the court system aganist the owner/CEO? And if so, if granted a judgement can I put a judgement aganist his personal property? I have found this company has done this to many people as well.


Asked on 2/09/07, 4:30 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Fraud

Ordinarily, you must sue the company itself if that is who the contract at issue was with. If you have evidence that the corporate veil should be pierced - commingling of funds, no corporate documents, etc. - then you can sue the individuals. There is also an exception if you can show fraud.

If you successfully sue the individual and win, you may then go after their personal assets.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Read more
Answered on 2/09/07, 5:11 pm


Related Questions & Answers

More Business Law questions and answers in Florida