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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110479
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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We are a manufacturing company that briefly used

Customer Question

We are a manufacturing company that briefly used to ship our custom spa covers. At the time of shipment we received quotes for our shipments and at time of shipment we paid up front with a credit card.
We used Freight quote for approx. 20 shipments. Several months have passed since these shipments and now we have a collection attorney threatening to sue us for balance dues.
I have let the collections attorney know that we have the rates quotes, plus emails from the account rep waiving any accessorial fees plus credit card receipts for the paid shipments. I have requested two times that this attorney send
copies of the original application for this account, signed agreements for this
account, any signatures associated with this account, any bills associated with
this account, etc.
TO date I not received any of the information I requested. The only respons I recieve form them is as follows:
" find it difficult to believe that you were unaware of 20+ invoices. I asked
you to provide the document or email where Freightquote waived these residential
charges --- which you have not done so. There are several emails associated with
20+ invoices where your company ordered these services. I am not inclined to
produce this to you because (i) there is no dispute that Freightquote provided
these services based on emails and phone conversations with your employees ---
you don't need a signed contract to enter into a contract; (ii)I don't believe
you will honor your contractual obligations even if I do produce it; (iii) you
won't even pay the undisputed balance; and (iv) you can pay an attorney to
conduct discovery in the lawsuit and ask for this information. It seems to me
that you are conjuring up an inane defense in order to avoid paying your
obligations. We will move forward to pursue this matter and will recover the
charges mandated in each of the 20+ bills of lading --- i.e., late penalties,
finance charges, court costs and most importantly, my attorney's fees. Once
judgment has been secured for the principal amount PLUS the additional fees and
charges, we will garnish your bank account and instruct the sheriff to levy upon
your inventory."
Since, this attorney is reluctant to provide any documentation, what are my options?
Kindest regards,
Solis Manufacturing Inc. *****E
Oldsmar Fl 34677 (###) ###-####
Submitted: 7 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under Section 803 of the Fair Debt Collection Practices Act, because you are a corporation, you are not covered under the protections of the act, it says that it protects a consumer who is a natural person and your corporation is not a natural person I am afraid.

So at this point if you have the documentation proving that you do not owe them any money at all, you send the attorney a letter saying that you do not owe anything and you are attaching your proof. Tell them if they continue to pursue this you will counter sue for breach of contact and also seek treble damages as sanctions for them filing a frivolous suit where you have the actual emails and payment evidence showing that everything you owed them was paid.

If he continues to push the matter and files suit, because you are a corporation, the law says you must hire a local attorney to represent you in any suit filed against the corporation.

Customer: replied 7 months ago.

Thank you for your response. Would my corporation be sued here in Florida or where is based?

Thank you,

Solis Mfg



Oldsmar FL 34677

(###) ###-####/p>
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.

If your contract with the company does not say otherwise, they have to sue you in FL where your company is located for the court to have jurisdiction over you.