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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16108
Experience:  Licensed Texas General Practice Attorney
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Hi, I have a company in Brazil called King Logistics, we are

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Hi, I have a company in Brazil called King Logistics, we are a freight forwarder company, that provide service of transportation for exporters in Brazil and Importers in USA. To be able to operate in the USA marketing I agreed (via email - no contract signed) with one company in Miami-Florida (Quest Cargo USA) which owner is Brazilian as well, that they would receive the containers that I booked, receive the documentation and send an email to my customer (the importer) in the USA informing that their container had been arrived, as he was the last contact point he would receive the money. For this job it was agreed $50.00 per container. We start our operations on August 2012. In the beginning everything was ok, but after March and probably impressed by the volume of containers, the owner of the company start being awkward retaining my money and demanding more money for the operation. After some months I was able to receive around $100,000 from him and also able to open my own filial in the USA but the owner of this previous company is avoiding talking to me and it is owing me more than US$150,000.00. Are there any possibility to move a legal action against him?
Thanks a lot for all help,
Raphael Alves

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. Can you tell me if you have proof of the number of containers, and the agreement that you entered into with this other individual?

Customer:

Yes I do have all documentation with dates that left Brazil and arrived in USA. Also all amounts received and paid

ScottyMacEsq :

This individual is still in business, correct? Does he have significant assets in his business?

Customer:

Yes he is still in business...

Customer:

He only think he should receive more for the operation and is retaining my money.

ScottyMacEsq :

While you can try to file a criminal complaint against this individual (alleging that this is, in essence, embezzlement), the police more likely than not would say that this is a "civil matter" and would refuse to get involved. While they could get involved, they probably wouldn't.. That being said, it's clearly a breach of contract, and could even be "conversion" (civil theft) and something that is clearly actionable because you had an agreement with him for a certain amount per container, and if he is unhappy with that, there might be something that he could do on a future basis, but for containers that were received during the operational times of the agreement (where he did not modify the agreement terms) he would have to comply with those.

ScottyMacEsq :

That being said, you need to contact an attorney in the area (where they were received) that deals with breach of contract cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

It's a pretty clear case, and so the main question is likelihood of recovery.

ScottyMacEsq :

That's why I asked if he was still in business and had assets, etc...

ScottyMacEsq :

You can get a judgment, but without assets to "seize" to satisfy that judgment, such a judgment might not be worth the paper that it's written on.

ScottyMacEsq :

But if this individual does have assets, money, etc... in the business, then you can certainly sue and obtain a judgment against him for this amount, and it would be a pretty clear case.

Customer:

Do you have an estimation of how much would be the attorney honorariums for a case like this?

ScottyMacEsq :

Some would take the case on contingency (33-40%), but if you were to pay hourly, that really depends upon how long it would take. If the other side wouldn't oppose it, or you could get the case handled relatively quickly, then it shouldn't be more than $10,000. But it's possible that it could be much higher than that.

ScottyMacEsq :

I would also ask the attorney about ability to recover attorney fees in such a case.

Customer:

Ok. I will try for the last time a pacific contact and tell him that I will put my attorneys to lead the case after this last contact.

ScottyMacEsq :

That sounds like a good idea. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I had an excellent service. Should I have more questions am I able to contact you?

ScottyMacEsq :

Yes. If it's under the same scope, you can ask it here, even after rating. If there are new questions, you can ask a new question, directed "To ScottyMacEsq"

Customer:

Great!!! Thanks a lot.

ScottyMacEsq :

You're welcome, and again, good luck to you!

Customer:

Thanks.

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