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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.

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Loren

Juris Doctor

37,080 satisfied customers
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?

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Richard - Bizlaw

Juris Doctor

9,802 satisfied customers
I recently bought a machine for my business and they want final

I recently bought a machine for my business and they want final payment befoire shipping. (Per our contract). A total amount is about $150,000. My question is Can I some how gain ownership or title in case shipping is not sent?

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Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
I import shoes from Brazil and wholesale them in the U.S. The

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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Michael

Founding Member and Lead Attorney

Doctoral Degree

32 satisfied customers
Dont know if my question is going through so I will try

Dont know if my question is going through so I will try again. I am in Louisiana and I am buying a truck in Texas. My son is in Texas and could drive it to me but the dealer says I have to sign papers in person. I read where the papers could be faxed to a Notary and I could signvthem at the Notarys office and sent back. Is this true ? Is there another way to get this done ?

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Alex Esquire

Managing Attorney

Doctoral Degree

22,100 satisfied customers
I took my boat to a marine boat seller to sell my boat. I

I took my boat to a marine boat seller to sell my boat. I told them what I wanted. we threw around a bunch of numbers. In the end, I thought he agreed with me, I didn't fully read the contract and I signed a contract to sell for much less than it is worth. Can I cancel, I signed on Saturday .JA: What state are you in? And have you consulted a local attorney?Customer: Florida, NoJA: Has anything been officially filed? If so, what?Customer: no, I just signed on Saturday, they are closed on Sunday and I told him about the wrong amount today. He basically said too bad too sad.JA: Anything else you want the lawyer to know before I connect you?Customer: no

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Alex Esquire

Managing Attorney

Doctoral Degree

22,100 satisfied customers
My partner Had a fall out with his current psychiatrist

My partner Had a fall out with his current psychiatrist today. He is on 30 mg of Valium. The dr wanted him to come back in 2 weeks to take a urine sample because my partner could not pee during his 1/2 hour appointment. So there were words exchanged.Is there any law in NJ that would state he has to continue the prescription for those two weeks or more importantly at this point we don't think he even wants to see him again. Isn't there a period he needs to continue prescribing his medicine (30/60 days) before he cuts him off to give him time to find a new Pychiatrist?He WILL definitely withdrawal and withdrawal is dangerous

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CalAttorney2

Attorney

Doctoral Degree

20,082 satisfied customers
I'm having trouble getting payment from client. I need

I'm having trouble getting payment from client. I need advice on what actions I can take concerning the Intellectual Property of the content and what I can do to seek payments from an unresponsive client that owes money.Detailed explanationI'm a freelance animator in NC and was contracted by another animator who lives in Illinois to make 3D models for a product that a large company sells. Me and him have worked on projects before and he's very forgetful about payments, but this is the first time I've had troubles like this with him.The company that hired him is now using my 3D models on tv, their website, and other products to promote their brand. Meanwhile, it's been almost 5 months since I sent out my invoice for the project and after months of asking where the payment is and the animator who hired me tells me last month he already spent the money he was paid from the large company and he doesn't know when he can get me the money. So naturally I'm pretty ticked off about the situation and want a way to get my money as soon as possible, which means I want to light a fire under this guy's ass until he gives me what is owed.Can I contact the large company that is using my IP and say "hey, you can't use my IP unless I say so, because I haven't been paid. I can sue"? Can I take the animator to court for the unpaid total? It's roughly $5k.Thanks,Daniel

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Damien Bosco

Attorney

Doctoral Degree

3,080 satisfied customers
What is the name of my court system? I'm signing an NDA. I

What is the name of my court system? I'm signing an NDA. I live in the city of Escondido, California in the county of San Diego. And the other company is in Oregon. I just want to know the names of the courts where I live that would fit in the two blank names in the following sentence. (I'm not asking for legal advise on this sentence of anything.)Each party shall forebear from filing a claim in any other county or jurisdiction and expressly submits itself to the personal jurisdiction of (i) if commenced by Ormed, Inc., in the State Circuit Court of Oregon for the County of Multnomah, or, if applicable, in the Federal District Court for the District of Oregon, and, if necessary, their respective corresponding appellate courts or (ii) if commenced by Peregrine LLC in the Court of __________ or, if applicable, in the ________________, and, if necessary, their respective corresponding appellate courts.

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LawTalk

Attorney at Law

Juris Doctor

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