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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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I am a florida car dealer ,sold a car to a dealer in

Customer Question

i am a florida car dealer ,sold a car to a dealer in kentucky on ebay, he dosent like the car {dune buggy} ....is trying to sue me ...will i have to fight this in florida or kentucky..???
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If you do not advertise in Kentucky, are not registered to do business there, do not visit Kentucky frequently, did not invite a Kentucky bidder to participate in your auction, and do not do a significant amount of your business in Kentucky, the courts there do not have jurisdiction over you. That means the buyer needs to file the lawsuit in Florida. If he files in Kentucky, you have the ability to file a Motion to Dismiss for lack of personal jurisdiction. You have a right to Due Process under the Constitution, and part of that protects you from being dragged into court in a state that you don't have any connection with. The motion to dismiss is something you can file personally or you can pay a KY attorney to file it on your behalf.

Under Florida Stat., Section 55.605, if the buyer gets a judgment against you in Kentucky and tries to enforce it in Florida, you can ask the Florida court NOT to enforce the foreign judgment based on the fact that the KY court had no jurisdiction over you. By filing that request, you'll be able to get a stay of execution under Fl. Stat., Section 55.509. So, even if he tries to file in Kentucky, you can still fight it in Florida.

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