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I sold fertilizer over a period of time and there remains a…

Customer Question
I sold fertilizer over...

I sold fertilizer over a long period of time and there remains a debt of 19000 + dollars. Can I sue the owner of the Golf Course for non payment and end up recovering money owed

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 10 months ago.Category: Legal
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Answered in 5 minutes by:
10/6/2017
Lawyer: legalgems, Lawyer replied 10 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,909
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 10 months ago

I'm sorry to hear you have the outstanding account. Can you tell me when the last transaction was, when the last payment was? Also was there a written contract?

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Customer reply replied 10 months ago
3 months agois no contact since then
Lawyer: legalgems, Lawyer replied 10 months ago

Thank you. Yes, the statute of limitations for a breach of written contract is 5 years per FL statute 95.11(2)(b) -

Here is that statute

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

A contract can be oral, written or implied.

Civil court would be the proper court:

http://www.flcourts.org/

Sample demand letter good in any state to be used as a template

Once a judgment is issued the judgment creditor may then use that to seek garnishment of wages, attach bank accounts, personal property, real property, etc.

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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.

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