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FiveStarLaw
FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36470
Experience:  25 years of experience helping people like you.
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Im an Independent Contractor that performed services to a

Customer Question

I'm an Independent Contractor that performed services to a Vendor/ Corporation. The Corporation has refused to render payment because they believe I have breached the non compete clause in our written contract. I disagree with their position and I would like to collect the money owed to me. My business is incorporated in FL. The contract states mediation should follow the rules of the state of Delaware. The business address for the Vendor/ Corporation used on the contract is in FL. Where do I file for debt collection. I'm owed for 3 separate invoices totalling $14,406.82. (Inv 2 $6173.80, Inv 4 $6331.11, and Inv 5 $1901.91.) The Vendor/ Corporation paid Inv 1 late and Inv 3 on time.
Submitted: 1 year ago.
Category: Legal
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Welcome,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. Where were the services in question performed?
2. Does the contract state where "venue" lies?
3. What connection do you and/or the vendor have with Delaware?


Thanks!
Customer: replied 1 year ago.
1. Services were performed in Silver Spring, MD.
2. The only thing I know of that's close to Venue would be this statement from the contract: "This Agreement shall in all respects be governed by, construed and enforced in accordance
with the intemal laws of the State of Delaware, without regard to principles of conflicts of law."
3. I have no connection and on their company website there is no connection to DE.
Expert:  FiveStarLaw replied 1 year ago.
It appears that venue would properly lie in either Maryland or Florida. I do not see the minimum contacts necessary with Delaware that would permit the action to take place in Delaware.In order for a court to exercise jurisdiction over a matter, the defendant must have some type of "minimum contacts" with the state in which the court sits. In determining whether the court has jurisdiction based upon the defendant's minimum contacts with the state, the court looks at the whether the defendant has a business practice within the state, the relationship between the state and the alleged breach of contract, the state's interest in providing a forum and the relative convenience of the parties. Based upon the information you have given me, it does not appear that Delaware would have sufficient minimum contacts although both Florida and Maryland would meet the minimum contacts test.I would be glad to respond to any related follow-up questions that you may have.
FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36470
Experience: 25 years of experience helping people like you.
FiveStarLaw and 9 other Legal Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.

I see that you rated my service as "OK" - although I appreciate the positive rating, is there something else that you wanted to know? It's my aim to provide excellent service.

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