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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102514
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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how to file international legal lawsuit i purchase a products

Customer Question

how to file international legal lawsuit? i purchase a products from company in florida on 28, and make payment already in full. But till now, they haven't shipped my good.

At first, they need my copy of front and back of my credit card, copy of valid ID and Copy of my last credit card statement. They said, its was for checking either for fraud.

After that, yesterday...they email me, that they cant ship my good using USPS EMS. And they ask me to use FeDex. But from th USPS.com , my country are listed for delivery.

really appreciated if there any suggestion. It make a bad impression on myslef, from my customer. And think that they have been cheated and alots of excuses.

Regard
Azri
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.




What country does the company operate from?



Customer: replied 7 years ago.
Green Smoke
1820 NE 163rd St
Suite 305
North Miami Beach, FL
NNN-NN-NNNNbr /> United States
Expert:  Ely replied 7 years ago.
And where are you located?
Customer: replied 7 years ago.
Brunei Darussalam.
Expert:  Ely replied 7 years ago.
Ok. There is no such thing as an international court for civil matters such as these. You can either file in Brunei, OR file in the US. I would recommend filing in the US, because enforcing the Judgement is easier when the Judgment is issued by a US Court, rather than one in Brunei.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: negligence, breach of contract, assumpsit, quantum meruit, negligence per se, and statutory consumer law breach.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



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Ely and 9 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
is there any posibiliteis to take action on this company? since i were in Brunei Darussalam? do i need going there to attend bench trial?

Can i make a lawsuit to charge them? since they neglected on my order that supposed to be shipped.

And finally, where i can find and hire attorney?

really satisfied with your reply.

regard
Azri
Customer: replied 7 years ago.
is there any posibiliteis to take action on this company? since i were in Brunei Darussalam? do i need going there to attend bench trial?

Can i make a lawsuit to charge them? since they neglected on my order that supposed to be shipped.

And finally, where i can find and hire attorney?

really satisfied with your reply.

regard
Azri
Expert:  Ely replied 7 years ago.
You would ordinarily have to attend if you file in the USA. If you filed in Brunei, of course you'd have an easier time, but how would you enforce a Brunei judgment in USA? You'd have to file a petition to register foreign judgment in front of a US court anyways, so better off doing it i USA to begin with. The attorney will file for you, and don' worry - likely they will agree to pay back before trial so you don't have to come here. I'd like to refer you to the Florida Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?openform

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”