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acmoler
acmoler, Attorney
Category: Business Law
Satisfied Customers: 105
Experience:  Juris Doctor Degree, Advanced law degree in Taxation, over 21 years of experience
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Your company has entered into written contracts with the call

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Your company has entered into written contracts with the call center in Fabulous County, Florida. Recently, the call center has not been paying for your company’s services. The call center owes your company amounts between $15,000 and $25,000. Your committee has the task of deciding whether to bring a lawsuit to collect these amounts. Discuss how your firm could initiate such a suit and where it could bring such a suit, including what courts.
Submitted: 5 years ago.
Category: Business Law
Expert:  acmoler replied 5 years ago.
HiCustomer

Thanks so much for giving me the opportunity to assist you with your question through JustAnswer. Sounds like a law school exam question. Here goes. The cause of action by your company would be a breach on contract action. Since the company is not paying your recourse is to sue for the amount owed. I don’t know where you company is located (in Florida or in another state). The general rule is that the plantiff (your company) can bring suit where the cause of action accrued. This is defined in a contract action where the payment was not received (presumably the address of your business office). Consequently, the jurisdiction would be in the county where you failed to received the payment, that is your business address. If your business is located in Florida (not disclosed in the question), you could file the suit in the county where your business is located or the county where the defendant resides (business address) it your option. In Florida there are two possible courts of jurisdiction depending on the amount of the lawsuit. If the suit amount is $15,000 or less the suit would have to be brought in County court. If the suit amount is in excess of $15,000 then the jurisdiction would lie in the Circuit court. I hope this helps with your situation. Please select the green "accept" so that I can get credit for my reply to your question. Also, positive feedback is appreciated. If you have a follow-up question, Just ask. Good luck with your legal issue, I hope everything works out for you!

Best Regards,

acmoler

PLEASE NOTE: The responses made here are for information or education purposes only, and are NOT to be considered legal advice and do not form an attorney-client relationship. Only licensed attorneys you hire in your state can provide legal advice.

Customer: replied 5 years ago.
Could you elaborate on this a little more. I am assuming the company I work for is in Florida. Thank you.
Customer: replied 5 years ago.
Do you feel that before this can take place the firm will need to take into consideration the methods to go through prior to taking out a law suit? What methods would you use? Could you tell me how negotiation, mediation and arbitration could be useful?
Customer: replied 5 years ago.
What would you comment about what I have here?                        &nbs p;                                       The call center owes the firm a great deal of money, in fact, they owe them somewhere in vicinity of $15,000 and $25,000. The law firm has taken it into consideration to take out a lawsuit against the call center. Before this can take place the firm will need to take into consideration the methods to go through prior to taking out a law suit. These methods include but are not limited to negotiation, mediation and arbitration. Cheeseman, 2007; Fishman, 2005)

In the next couple of paragraphs I will explain to you so that you understand the meanings of the different methods. First, I will begin with Negotiation. With this, you must contact the other party either by phone or in person to try to make some kind of deal. You should figure out what all costs would be if this case were to get taken to court, excluding attorney’s fees. Then you should try to get them to agree to a pay off. You never know, the call center might just be having some sort of trouble and they might go for the settlement. However, if they choose not to settle then you are going to need to consider mediation.

With mediation, you will need to have a third party involved that has nothing to do with law suit. The person picked to be the mediator will have to act as the go between. The mediator will give out options to try to help settle the dispute. If both parties agree upon the ideas put forth by the mediator then it will be considered law binding. However, if both parties still cannot agree upon the settlement, then you may have to try another source of settlement.

One idea may be to consider an arbitrator. An arbitrator in some ways resembles a mediator.   An arbitrator acts like a third party just like a mediator does. Although, with an arbitrator the court system typically will uphold the decision made. It can be appealed if the parties involved do not agree upon the decision of the arbitrator.(Cheeseman, 2007)

This case is not going to be held in a federal court due to the requirements of jurisdiction. For a case to be tried in a federal court it has to have violated a federal law or has to have a loss of more than $75,000. (Understanding the Federal, n.d.) However, the amount that is lost in this case cannot be tried in small claims or county court either due to the reasoning of it exceeds the amount required. The only way to this case can be heard is going to be in state court. To pursue the case against the call center in Fabulous County Florida you will have to take it to state court to have it heard.

If you plan to go forth with the lawsuit then you will need to first go to the courthouse and file the proper paperwork that is required for that particular case. The paperwork is considered to be your pleadings. The paperwork will entail your complaint, your answer, the cross complaint and or your reply. In this you will list all parties involved, what laws if any that were broken and any and all allegations that pertain to the case.

Expert:  acmoler replied 5 years ago.
Dear roxysmon87

This is not a proper forum on JA to do a complete legal analysis of numerous questions and every question you have about this subject. If you want a complete analysis and a what if and other hypo questions I suggest that you consult an attorney for a face to face consultation.

acmoler
acmoler, Attorney
Category: Business Law
Satisfied Customers: 105
Experience: Juris Doctor Degree, Advanced law degree in Taxation, over 21 years of experience
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