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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99972
Experience:  Lawyer
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I'm being sued from a company in the state of Massachusetts

Customer Question

I'm being sued from a company in the state of Massachusetts and I'm an Ontario resident as well as Canadian Citizen. I had business dealing with them and taking a bit of time to pay them. I have made payments. They billed me in Canadian dollars, charged the HST and when I send payment it's to a Toronto address. I can't represent myself in the states. What can I do? Or if I lose the case in the MA how can they enforce it in Ontario?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
How much are they suing you for?
Customer: replied 2 years ago.
6000
Expert:  Debra replied 2 years ago.
Does your contract with them say what law applies and how conflicts will be dealt with?
Customer: replied 2 years ago.
I never signed anything and unaware of that.
Expert:  Debra replied 2 years ago.
You can retain a lawyer in the US to deal with this and tell them that the court in the US doesn't have jurisdiction and they must sue in Ontario. If they won't agree the lawyer can bring an application to court in the US to fight the jurisdiction. They clearly have to sue you in Small Claims Court in Canada. Or, if they sue you in the US and try to enforce the Judgment here they have to register the judgment in a court in Ontario and you can then argue here that they could not sue you there.

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