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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 100436
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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We are a US Based company and we have a client who has been

Customer Question

We are a US Based company and we have a client who has been ignoring our emails and refusing to pay for merchandise. Can we sue them ? We have submitted a claim on the BBB website and have been reaching out via facebook but is this something that we can
publicly post which can get them to pay? Can I ask that we will be stopping by the store for a payment? I will be willing to fly to Canada to pick up my money but how can I suggest that method via email? I would like to get there attention?
Submitted: 1 year ago.
Category: Canada Business Law
Expert:  Legal Ease replied 1 year ago.

How much are you owed?

Customer: replied 1 year ago.
$15,000 and some change ...
Expert:  Legal Ease replied 1 year ago.

You can post what you like on social media. If they sue you so long as you are telling the truth you will win the lawsuit. However, it is never good to be sued of course. Even if you win they will only have to pay a portion of your legal fees.

You can simply tell them that you're going to be attending at their place of business to pick up a check but there's no guarantee that that trip won't be for nothing.

You most surely can sue them and for that amount of money you would sue them in small claims court.

Your next step should be to send them a letter demanding payment in full by deadline that you ser and telling them that if they fail to comply you will commence legal proceedings and then will be seeking interest and your legal costs.

You can then sue them in small claims court and self represent or retain a paralegal or lawyer to assist you depending on their province.

Customer: replied 1 year ago.
Do I sue them in Canada small claims or Los Angeles small claims ?
Expert:  Legal Ease replied 1 year ago.

Where was the contract entered into?

Does your contract, if there is one in writing, specify what legal jurisdiction applies?

Customer: replied 1 year ago.
No but of course it's an invoice showing our company information city state ... We ship the goods to them via fedex.
Expert:  Legal Ease replied 1 year ago.

It it may make sense to first consult with a lawyer in your city to determine if the lawyer there feels you can sue them successfully. Otherwise, suing them in their own city makes a lot of sense because you have to enforce the judgment if they don't pay it and you have to have assets seized where they are and would have to register a US judgment in a court in their city anyway.

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