Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

defendant lives in California...... Plaintiff lives in Argentina......

defendant lives in California.........
defendant lives in California...... Plaintiff lives in Argentina...... made a deal to purchase a tractor to export to Argentina..... Plaintiff sends a deposit for tractor... then finds another tractor for cheaper price... backs out of the deal...

Now Plaintiff sues defendant in Florida. ( plaintiff sent money via wire transfer from Argentina to a friend in florida then that friend sent wire from Florida to California )
for deposit of purchase of tractor.

Does Plaintiff have subject matter jurisdiction .... ?
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
4/28/2013
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
Hello,

If defendant rarely if ever does business in Florida, then the transmittal of the payment through a Florida intermediary would not satisfy the constitutional "minimum contacts" test, which requires that the defendant must have minimum contact with a jurisdiction, such that defendant seeks the benefits of that jurisdiction's laws or markets, so that it would be fair for defendant to appear and defend in the jurisdiction.

A single payment made from a Florida intermediary to a California vendor would not have a "snowball's chance in hell" of providing jurisdiction for a lawsuit.

For customer service purposes, please let me know if my answer is helpful. Thanks in advance.

Ask Your Own Legal Question
Customer reply replied 4 years ago

hey Soccrateser I spoke to you about 2 years ago on this... I wish you were in California to defend me...


I live in California have no contacts in Florida. never been to florida, have never done business in Florida. the Plaintiffs attorney claims he was on Vacation during that time.. in Florida.. would that make a difference..


( I have emails of transaction were he was not in Florida )

Customer reply replied 4 years ago

Now I received a default judgement for $25,000 deposit was for $6000


he got me for fuad.. all kinds of stuff..


 


any how.. they served the complaint at a postal office box rental, I did not answer the complaint. a person who shared the box rental answered the complaint. by them selfs.. with out asking me.. I was out traveling in Erupe when he anserwed the complaint. I was never going to answer it because of Peronal jurisdiction. now they say they got me on personal jurisdiction.. because that was answered but not by me...


 


the plaintiffs attorney sent all motions of hearing and stuff to wrong address.. so I found out about the default judjement when it was too late... they played tricks on me.. I tried to defend it .. hired a florida attorney ... after the default judgment was entered.. to try and fight it.. I sent him $2500 to vacate judgement the attorney quite. after the first hearing.. I got scamed again.. had a flat fee agreement.. then quits..


 


Im very frustrated...

I don't believe the plaintiff being in Florida on vacation would have any effect on the jurisdictional issue. Your hiring an attorney in Florida to try to set aside judgment, may have subjected you to Florida jurisdiction, dependent upon whether the attorney appeared "specially" and for the sole purpose of challenging jurisdiction. If he/she did, then you would not have waived your right to try to quash any collection effort made in California. If not, then you could be stuck with a bad judgment, though you may be able to get it set aside by hiring another (yes, I know, BS), attorney in Florida to move to set aside the default.

Re the first lawyer, you can complain to the Florida State Bar, and you could sue the attorney for malpractice -- all of which costs "mo money." But, all I can do is tell you what you can and can't do. I can't make it inexpensive.

The first thing to do is check the court file in Florida and see if the attorney made a "special appearance" to challenge jurisdiction. That way, you can figure out if you may be able to quash any attempt to collect against you in California -- which could save you a lot of dough.

For customer service purposes, please let me know if my answer is helpful. Thanks in advance.

Ask Your Own Legal Question
Customer reply replied 4 years ago


my attorney ( the one that quite for no reason only is I neeed more money ) appeared and filed a motion to vacate Default judgment. that's all he did... did not make special appearance for jurisdiction issues.. he said first we must fight default judgment for reasons of sending motions and hearings to wrong address... after obtaining a a vacate default judgment ... we wre going to fight jurisdiction issues... never got to that point...


 


Can I fight it in California with a lawsuite against them.. Plaintiff for fribilouse lawsuit..


 


and or fight them just with a jurisdiction issues to stop collection in California..


 


most important question.... What would you do... ? please help..


im willing to pay you more.. $$ for your opinions ... thanks

Crap (excuse my french)! The attorney has subjected you to Florida jurisdiction. You would have to fight it in Florida -- there is no way out, now.

As I said, you can sue the attorney for malpractice, for failing to appear to challenge personal jurisdiction -- but, that's a totally different issue -- and you would have to sue the attorney in Florida.

On the judgment, itself, you would have to hire another attorney and see if there's anyway to bring a second motion to set aside the default. If it's less than 30 days since the entry of the default, then you can appeal (and if you can, then you may have to do so).

Other options would be a bankruptcy filing. I don't know whether or not this deal was between you and the buyer, personally, or just your business, and whether or not you have a separate business entity (LLC, Corporation, etc.), where you could close the doors and thereby avoid payment -- transfer the assets to a new business, etc.

If you can, then you may be able to make collection so costly that the cost of collection may exceed the value of the debt.

You're welcome to provide more info about your circumstances, but at this point, I'd appreciate a positive rating for my original answer, so that I can receive appropriate compensation for my efforts.

Thanks in advance!
Ask Your Own Legal Question
Customer reply replied 4 years ago


yeah bankruptcy is a way out.. but I don't want to file.. just yet..


 


but can I if I hire a California attorney figth the case once it gets to domestication sister state judgment. ? or is that too late...


 


I don't think I can do anything in florida any more.. Judgement entered was November 2011.. about year and a half ago..


 


the plaintiff attorney is still doing motions in Florida.. has made 3 motions in the past year. the last one was 2 months ago.. I don't know why..


 


Im sure its gona get here in California soon.. Can I fight it in California.. or is it too late.. ? if so how can I fight it...


 


 

If you would like to discuss this further, a show of good faith would be appreciated.
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other Legal Specialists are ready to help you
Ask your own question now

Thanks for your contribution to the cause.

 

You've submitted to jurisdiction in Florida, by hiring an attorney to appear in court for a reason other than to challenge personal jurisdiction. Even if you didn't mean to do this, the attorney's appearance binds you to the jurisdiction.

 

You will not be able to resist registration of the judgment in California. And, if it's too late to appeal in Florida, then your only recourse (other than bankruptcy) would be to sue the Florida attorney for malpractice.

 

And, the statute of limitations for that is two years -- so your time is running out fast.

 

Once again, if this deal was between the plaintiff and a separate legal entity (e.g., LLC, Corporation), and not with you personally, then you may be able to just shutter the doors on the current business and start a new business -- thereby making collection effectively impossible. You would not even have to file for bankruptcy with the LLC/Inc. You just finish your existing business and meanwhile start doing business under a new LLC/Inc. The plaintiff won't be able to get any assests beyond whatever remains in the old LLC/Inc. And, if you're paying yourself a salary to manage the business, you can extract most of the assets as payroll, and leave the LLC/Inc. an empty shell.

 

But, if the deal was between you personally and the plaintiff, then you could have a lot of difficulties unless most of your assets are exempt -- and the cheapest way out may be to try to settle for a lesser amount and put the matter behind you as fast as possible.

 

Hope this helps.

 

Ask Your Own Legal Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What is the statue of limitations in Ohio If a judgement ...
What is the statue of limitations in Ohio? If a judgement has been awarded is there any recourse?… read more
Leslie D.
Leslie D.
Attorney
Doctoral Degree
201 satisfied customers
Is there a statute of limitations for building permit enforcement
Is there a statute of limitations for building permit enforcement by the King County Building Department? With the economic downturn, the County is going back and dredging up old permits that have not… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I need a letter to say im not responsible for, the debt that
I need a letter to say i'm not responsible for, the debt that accurred from the counterfiet checks wrote aganst my checking account.… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Is there a statute of limitations on embezzlement.
Is there a statute of limitations on embezzlement. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
What is the statute of limitations in the state of for a
What is the statute of limitations in the state of KY for a company suing you for the repossession of an auto. This debt has been sold through 5 debt collectors of which I have not been contacted thro… read more
Lori
Lori
Juris Doctor
312 satisfied customers
Is there a ststute. Is there a Statute of Limitation on
Is there a Statute of Limitation on Court Ordered Divorce Decrees in NJ, also NY? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
What is the Statute of Limitations for the State of Alaska
What is the Statute of Limitations for the State of Alaska to recover erroneous retirement payments made to the widow of a deceased State employee? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
Is there a statute of limitations on property damage?
Is there a statute of limitations on property damage? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
What is the statute of limitation on medical bills. I just
what is the statute of limitation on medical bills. I just received one from 51/2 years ago … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a statute of limitation for damages caused by a
Is there a statute of limitation for damages caused by a tenant in a rental property in SC?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
Miss, is there a statute of limitation on gun charges and
Hi Miss Wilson , is there a statute of limitation on gun charges and attemped murder in New York . charges from 1992. … read more
Andrew
Andrew
Attorney
Juris Doctorate
197 satisfied customers
What is the statute of limitations for illegally selling
What is the statute of limitations for illegally selling Vicodin one time, specifically under federal law? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Statute of limitations - soliciting prostitution. Colorado
Statute of limitations - soliciting prostitution. JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Colorado JA: Have you talked to a lawyer yet? Customer: No… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
What is the statute of limitations in California to file a
What is the statute of limitations in California to file a wrongful death suit ? The issue is my brother's death due to non-treatment of pneumonia while in a skilled nursing facility. The death certif… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
What is the statute of limitations in California for filing
What is the statute of limitations in California for filing suit against a physician for breech of contract? Additionally, if the person is also suing the doctor for malpractice, would the person also… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What are the statute of limitations for Intentional
what are the statute of limitations for Intentional Infliction of Emotional Distress cases?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x