I own a rental in FL. The management company is in GA. A tenant
I own a rental in FL. The management company is in GA. A tenant entered into an agreement regarding renting the property with the GA management company. He mailed the agreement to GA. I own the property personally and own the management company (LLC). The tenant caused thousands in damages. I sent him a demand letter and photos. He agreed to pay. He is an Ohio resident. He also stated verbally at the time of renting that he does business in FL and GA (although I have no evidence of this) and was going to use the FL rental to make business calls from. I am a GA resident. He has admitted to owing the money for the damages and sent back my demand letter with the check - writing "paid by ck # XXXXX". He wrote a check to me personally on what appears to be a business check and signed it personally (not in any official capacity). When I received the check the bank told me there were insufficient funds. When I let the ex tenant know he made up some excuse and said he would move the money back into the account. I have an audio voicemail of this as well as texts . When I presented the check to cash it his bank refused to do so although there were sufficient funds. He told me he gave them permission on the phone for me to cash it but it does not look like he did as I was not allowed to do so. The bank advised me to deposit the check into my account (at my bank). He then stopped payment. I would like to sue him for breach of contract, and fraud as a tort if possible in GA as my first option or secondly in FL.I investigated criminal repercussions and was told by authorities that the crime would be where the check was presented and denied. A stop pay is not a crime in and of itself in GA but that would be where I the acceptor resides. The GA constitution states under Venue Paragraph V. Suits against maker, endorser, etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor, and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be tried in the county where the maker or acceptor resides.Will I be able to get personal jurisdiction over him to sue him GA or FL? I don't want to sue him in Ohio if I can get jurisdiction in GA first or FL second.
This question concerns Florida Rules of Civil Procedure and/or
This question concerns Florida Rules of Civil Procedure and/or Florida Statutes in regards XXXXX XXXXX for truthfulness when a Plantiff attaches a copy of the alleged "contract" between the parties in an action brought upon a contract. I am aware that FL RCP states that, under Rule 1.130, Attaching Copy of Cause of Action and Exhibits (a) Instruments Attached.All bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, shall be incorporated in or attached to the pleading. No papers shall be unnecessarily annexed as exhibits. The pleadings shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments. If the Plaintiff attaches an alleged "contract" that is actually not the true and correct contract (document) between the parties, and in fact does not even contain the signatures of the parties (which the true and correct contract DOES contain), does the defendant have grounds under Florida Rules/Law to assert a fraud upon the Court?
I import shoes from Brazil and wholesale them in the U.S.
I import shoes from Brazil and wholesale them in the U.S.The factory sent me 1000 pairs of shoes that 1/3 of them were defective.Not only can I not sell approximately 300 pairs, but this has really hurt my reputation with my retail vendors for obvious reasons.The factory has been very hesitant about giving me credit for the defects.What should I do?
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Is a collection judgement for outstanding commercial
Is a collection judgement for outstanding commercial insurance premium enforceable? Can it affect your personal credit? The additional premium due was based on a field audit. The policy was subsequently cancelled, there were no outstanding claims on the policy, and the loss history was clear for at least the previous 3 years.
We are an small LLC being sued by a bigger company, which is
We are an small LLC being sued by a bigger company, which is trying to exhaust us and force us to stop defending ourselves. The costs are out of hand, it is a huge stress on us, and while we should win, we may die before getting to this point.We believe we made the wrong choice with our attorney, and to continue and win would have to get another attorney. The trial is set for the very end of the year. There is a good reason we would love to delay it, as there are certain circumstances, that we might resolve it without the trial, but we might need some time.I asked our attorney how can we stop it, and it seems like he is not happy and did not respond. My understanding is that we, because we are a business, can't defend the company n court without the attorney. But if we ax our attorney for whatever reason, can we go to the judge and ask for time to find another attorney? How much time can we get? And when we get another attorney, how much time can s/he get to familiarize with the case, as it is 2.5 years and there are quite a few piles of documents to surf through. Would it allow us to then delay the trial?
Location NC. I'm licensed and insured. I fixed someones
Location NC. I'm licensed and insured. I fixed someones refrigerator and they asked me to take the ice maker out. I did. I fixed Monday and they called me Friday and said they had a lot of damage. The damage is $4500. Am I at fault?
7 years ago I put up a large cash deposit to a Construction
7 years ago I put up a large cash deposit to a Construction Bond Underwriter in CA to secure construction Bonding for public Works.I don't remember ant paper work.They are returning my deposit and there are no issues and we are still doing business.Doesn't the law require I get interest on my deposit.And if so how would the rate be determind?