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Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6422
Experience:  20 years of professional experience
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I have a Canadian corporation (in Ontario). An American

Customer Question

I have a Canadian corporation (in Ontario). An American company (based in Florida) owes me $15k usd, but doesn't want to pay. How do I file this in small claims court?
Submitted: 1 year ago.
Category: Business Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

What county is the American company located in?

Customer: replied 1 year ago.
The company was based out of Orlando, Florida. They may have moved to Las Vegas, Nevada.
Customer: replied 1 year ago.
There has been a lot of changes within their company in terms of location of development teams they have been working with. In my case, I work out of Toronto and my company is based in Ontario.
Expert:  Maverick replied 1 year ago.

You will need to find out where they are currently located as it is best to file suit in the county where they have their main office/assets.

Customer: replied 1 year ago.
Ok so let's assume they are in Orlando...when I file, do I file as an individual or a corporation?
Expert:  Maverick replied 1 year ago.

Answer: Since it appears that the debt is owed to your corporation, then suit would have to be filed by your corporation. Since the debt is for 15K and the small claims limit in Orlando county is 5k, you will need to file in a court with a higher jurisdictional limit. Also, since a corporation cannot represent itself and must hire a lawyer, it would be best to hire a business litigation law firm that specializes in debt collection from the county where the defendant is located.

Customer: replied 1 year ago.
What about the possibility of filing from Toronto?
Expert:  Maverick replied 1 year ago.

This article may help you answer your most recent question.

Customer: replied 1 year ago.
I don't understand all the lingo. Can you summarize for me?
Expert:  Maverick replied 1 year ago.

Yes, unlike USA law, Canada courts do not necessarily require a showing of "minimum contacts" before exercising jurisdiction over a foreign defendants. So, yes there is the possibility of filing suit in Canada.