Legal Question in Credit and Debt Law in Florida

Collecting

I invested with a Canadian company but the money exchanged hands in Florida. The Canadian now refuses to pay up on the written agreement so it looks like fraud. The fraud squad in Toronto says I have to file a civil suit in Florida because the money exchanged hands there, even though I now live in Texas. Can anyone expand on this and help? The debt in question is $15,500.00. Is it better to file in Florida against this person or Canada?


Asked on 4/24/02, 12:09 pm

2 Answers from Attorneys
Kevin Michaels Law Offices of Kevin R. Michaels, P.C.

Re: Collecting

Under the Texas law, you would need to file either where the activity giving rise to the claim occurred, i.e., Florida, or where the defendant resides, i.e. Canada. Florida is probably a better forum.

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Answered on 4/24/02, 12:58 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Collecting

Suit would be best commenced in the jurisdiction in which the debtor has assets which can be used to satisfy the anticipated judgment you will obtain. That seems to be Canada. There are other considerations that need be considered, those are not being weighed in this reply.

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Answered on 4/24/02, 6:20 pm


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