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hey Soccrateser I spoke to you about 2 years ago on this... I wish you were in California to defend me...
I live in California have no contacts in Florida. never been to florida, have never done business in Florida. the Plaintiffs attorney claims he was on Vacation during that time.. in Florida.. would that make a difference..
( I have emails of transaction were he was not in Florida )
Now I received a default judgement for $25,000 deposit was for $6000
he got me for fuad.. all kinds of stuff..
any how.. they served the complaint at a postal office box rental, I did not answer the complaint. a person who shared the box rental answered the complaint. by them selfs.. with out asking me.. I was out traveling in Erupe when he anserwed the complaint. I was never going to answer it because of Peronal jurisdiction. now they say they got me on personal jurisdiction.. because that was answered but not by me...
the plaintiffs attorney sent all motions of hearing and stuff to wrong address.. so I found out about the default judjement when it was too late... they played tricks on me.. I tried to defend it .. hired a florida attorney ... after the default judgment was entered.. to try and fight it.. I sent him $2500 to vacate judgement the attorney quite. after the first hearing.. I got scamed again.. had a flat fee agreement.. then quits..
Im very frustrated...
my attorney ( the one that quite for no reason only is I neeed more money ) appeared and filed a motion to vacate Default judgment. that's all he did... did not make special appearance for jurisdiction issues.. he said first we must fight default judgment for reasons of sending motions and hearings to wrong address... after obtaining a a vacate default judgment ... we wre going to fight jurisdiction issues... never got to that point...
Can I fight it in California with a lawsuite against them.. Plaintiff for fribilouse lawsuit..
and or fight them just with a jurisdiction issues to stop collection in California..
most important question.... What would you do... ? please help..
im willing to pay you more.. $$ for your opinions ... thanks
yeah bankruptcy is a way out.. but I don't want to file.. just yet..
but can I if I hire a California attorney figth the case once it gets to domestication sister state judgment. ? or is that too late...
I don't think I can do anything in florida any more.. Judgement entered was November 2011.. about year and a half ago..
the plaintiff attorney is still doing motions in Florida.. has made 3 motions in the past year. the last one was 2 months ago.. I don't know why..
Im sure its gona get here in California soon.. Can I fight it in California.. or is it too late.. ? if so how can I fight it...
Thanks for your contribution to the cause.
You've submitted to jurisdiction in Florida, by hiring an attorney to appear in court for a reason other than to challenge personal jurisdiction. Even if you didn't mean to do this, the attorney's appearance binds you to the jurisdiction.
You will not be able to resist registration of the judgment in California. And, if it's too late to appeal in Florida, then your only recourse (other than bankruptcy) would be to sue the Florida attorney for malpractice.
And, the statute of limitations for that is two years -- so your time is running out fast.
Once again, if this deal was between the plaintiff and a separate legal entity (e.g., LLC, Corporation), and not with you personally, then you may be able to just shutter the doors on the current business and start a new business -- thereby making collection effectively impossible. You would not even have to file for bankruptcy with the LLC/Inc. You just finish your existing business and meanwhile start doing business under a new LLC/Inc. The plaintiff won't be able to get any assests beyond whatever remains in the old LLC/Inc. And, if you're paying yourself a salary to manage the business, you can extract most of the assets as payroll, and leave the LLC/Inc. an empty shell.
But, if the deal was between you personally and the plaintiff, then you could have a lot of difficulties unless most of your assets are exempt -- and the cheapest way out may be to try to settle for a lesser amount and put the matter behind you as fast as possible.
Hope this helps.
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