Legal Question in Business Law in Florida

small-business

A few years ago, I ''invested'' in my sister and brother-in-law's small business. I never received any stock certificates or anything that would indicate equity in the company - I only have a ''note.'' My late father ''loaned'' the company around 200k. My sister and brother in law were forced to sell the company to new investors, who are refusing to repay all or part of the money that the company owes me or my father's estate. My question is, as the 'executor' of my father's estate, and as power of attorney for my mother (who suffers from severe dementia) may I sue for the money owed in Florida court on behalf of my parents and join myself as a plaintiff (the company and I are located in NJ while my parents live/lived in Florida)???


Asked on 6/13/07, 2:39 pm

4 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: small-business

You really need a lawyer to do this for you. You are likely to have not much success on your own.

If the company is in NJ, then it makes sense to sue in NJ. Florida does not seem to have anything to do with the company that you want to sue.

I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/13/07, 2:51 pm
Johm Smith tom's

Re: small-business

If you need to sue in FL (the fact are not clear on that point), we can assist you in determining your options. Consultation is free. NanceGroup.com

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Answered on 6/13/07, 3:07 pm
John Corbett Corbett Law Firm LLC

Re: small-business

If the company is in New Jersey, then this is probably the place where suit should be brought. The success of the claim will depend a lot on how the business was sold. As the executor of your father's estate, you have to get this resolved in order to tell how the assets should be distributed.

Even if you were the only one involved, the case would probably be complicated enough for you to want to involve a lawyer. The fact that you are acting in part in a fiduciary capacity and have some conflict-of-interest issues almost mandates that you hire a lawyer to help.

My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 6/13/07, 3:07 pm
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: small-business

If your parents are both residents of Florida they may sue from Florida, although the court may have to deal with some conflicts of law issues between New Jersey and Florida since the business was based there. Also, if you are in New Jersey, and the parties to be sued are located in New Jersey then there would be a strong argument to change venue if defendants decided they did not want to defend the case in Florida.

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Answered on 6/13/07, 4:44 pm


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