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Thelawman2
Thelawman2, Attorney
Category: Business Law
Satisfied Customers: 1145
Experience:  Attorney-at-Law
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I have a Mexico company who did business with a Broker who

Customer Question

Hello I have a Mexico company who did business with a Broker who is in US and in MExico can i sue him in the US i just found out he did not pay the 3rd party provider and this broker has all my money
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: broker is in Arizona
JA: Has anything been officially filed? If so, what?
Customer: no nothing has been filed i just found out, i was supposed to get 800,000 dollars or merchandise from the phillipines and this Broker who works in Mexico and is in the US never paid the guy in the phillipines
JA: Anything else you want the lawyer to know before I connect you?
Customer: all the money was deposited in mexico accounts in dolars dollars this broker lives in Arizona as well as GDL Mexico
Submitted: 6 months ago.
Category: Business Law
Expert:  Thelawman2 replied 6 months ago.

Yes, you can sue him in Arizona if that is where they are headquartered in the United States. The US would have personal jurisdiction over them in this instance.

Two issues that you need to be aware of though.

First, does the contract have a forum selection clause (saying something like that any disputes have to be brought in a specific court). If there is such a clause, you would most likely have to bring the case in that court.

Second, even if the contract does not have a forum selection clause, after you bring the lawsuit, the broker could file a motion for the case to be dropped due to improper venue. If the contract was signed in Mexico and dealt with goods that are centered in Mexico, then the broker could say that the proper venue for this case should be in Mexico. This could potentially be a losing argument for you based on the facts as you stated them.

Customer: replied 6 months ago.
There is a clause in the contract that states the following:
DECIMA OCTAVA.- JURISDICCIÓN Y COMPETENCIA: Para la interpretación y cumplimiento del presente instrumento, ambas partes convienen expresamente en someterse a la jurisdicción de los tribunales competentes del Primer Partido Judicial de Colima, con residencia en Colima, Colima, renunciando expresamente a cualquier otro fuero que pudiera corresponderles en razón de sus domicilios presentes o futuros.** It does say to submit to Jurisdiction in Colima Mexico giving up any other charter that would correspond in present address or future addressSo this mean I can only sue them here in Colima Mexico? Is there anything I can do to this guy who is in AZ? His email all have an address in Arizona.
Expert:  Thelawman2 replied 6 months ago.

Unfortunately, this clause could be enforced if the broker wanted it to be. You could try to bring the suit in Arizona, and maybe the other party will not challenge it because he would rather litigate in Arizona rather than Mexico. But if he raises the issue that the case has to be brought in Mexico, then it would most likely be dismissed in Arizona.