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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

36,276 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

9,616 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

33,430 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
I have a url registered for a website under a corporation

I have a url registered for a website under a corporation and my name is ***** ***** the registrar. I am being threatened with a law suit for copyright infringement. The corporation is inactive since 2009. Do I still have protection against personal liabilty? Thanks in advance for your response.

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Richard - Bizlaw

Juris Doctor

9,616 satisfied customers
I am curious as to the statue of limitations involving a

I am curious as to the statue of limitations involving a former company employee who misappropriated over possibly a million plus dollars.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: NCJA: Have you talked to a lawyer yet?Customer: Several attorneys ,trustees etc were made aware of this several years back, I assumed after the company filed bankruptcy mostly because of ignorance, someone would have pursued this with the overwhelming amount of evidenceJA: What state are you in? And has anything been officially filed?Customer: North Carolina, No. I tried to seek some advice from the local authorities, however no one seemed to have the manpower and truthfully I was afraid to pursue as this person lives in my neighborhood.JA: Anything else you think the lawyer should know?Customer: I wouldn't even know where to begin, Its literally something you see on American greed ,

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Christopher B, Esq.

Attorney

Juris Doctor

5,004 satisfied customers
I wanted to rent out my extra car. If the renter get's into

I wanted to rent out my extra car. If the renter get's into an accident will my insurance rates go up even if they have insurance? Is there a special policy (company name) for what I'm trying to do? I wanted to rent with the on-line services but they won't take my car because of the age even though it is running perfectly. Can you give me a rental agreement for what I want to do? I have a generic contract from the web. What if they steal my car... will my insurance cover me?

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Richard - Bizlaw

Juris Doctor

9,616 satisfied customers
Business litigator: is there any downside to permitting a

Business litigator: is there any downside to permitting a partner in an LLC to withdraw (permitted at any time by Op Agree with remaining partner's consent) other than losing any right to sue for future acts? Does the remaining partner lose indemnification provided for in a settlement agreement by not standing in the way of the partner withdrawing? What other disadvantages of the partner withdrawing might there be? In this case, the remaining partner is more interested in past acts and wants the partner out of the business to end its access to contracted services, clients and company assets that have been interfered with and damaged by the offending partner's wrongful acts. The remaining partner feels that this overrides any right or other item that might be lost if the offending partner withdraws but before taking a position on that, I want to ensure that I understand the disadvantages to the company and remaining partner of the offending partner's withdrawal.

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Richard - Bizlaw

Juris Doctor

9,616 satisfied customers
How does a theft loss work on a tax return? Is the loss

How does a theft loss work on a tax return? Is the loss taken against ordinary income or capital gains?

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TJ, Esq.

Juris Doctor (JD)

10,616 satisfied customers
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