Legal Question in Technology Law in Florida

Hello,

I am owed $3,500 from a web hosting company that we do business with. They are located in VA, but I am located in FL.

We send them new customers (by way of referral) and they send us commission checks monthly. They have not paid, are not answering support tickets/emails and not returning calls. I have all proof of tickets and phone calls, including the amount they owe me (as shown on their own website via their affiliate manager!).

I was going to file through small claims court, but there seems to be a question of venue. Do I file in VA? Or FL?

The contract was an online form that I filed out in FL. They do business all over the world. I have referred them customers from FL, as well as all over the US.

What should I be filing? No attorney in this area will take as they said the amount is so small. However, $3500 is not small to me - especially when my wife and I are in the middle of taking out a $25,000 loan for adoption (we are both young, but unable to have children naturally)!

So, here are my questions...

1. Should I file through small claims court?

2. If so, should I file in FL?

3. Do I need an attorney?

I have never done anything through the courts before... this is all new to me.

Thank you.. I do appreciate any advice.

Rob


Asked on 1/11/10, 12:47 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I read your questions, and I have the following to say:

1. Yes. You are within the range of small claims jurisdiction.

2. It depends. If the contract has a choice of law clause, you must sue wherever it says. If no contract obligation, suing in FL seems good.

3. Not necessarily, but attorneys know things you do not. I want you to have an attorney to get you the best outcome for your case, and it is not likely you can do that for yourself.

An attorney will cost you some money on the front end, but the advice and handling of the situation far exceeds the cost. It's really a cost-benefit analysis whether to hire an attorney or not. You should get a free consultation and the attorney can tell you what s/he can do for you.

I offer a free consult, if you want to take advantage of that.

Kind regards.

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Answered on 1/16/10, 2:43 pm
Lesly Longa Longa Law P.A.

I would be happy to speak with you about this and review your contract. If it's all new to you, you should contact an attorney. I have handled this kind of case before with excellent results. Regards,

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Answered on 1/19/10, 1:35 pm


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