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How can I sue someone living outside the U.S. that bought my business in Florida?

I have a Ballon Short Term Promissory Note valued @ 42K and a 160K Note/monthly payments of 5k plus with a person living in France that bought my business in Florida, U.S. Currently, the buyer is 30 days past due, as of June 1, 2008 and refuse to acknowledge payment(s) or pay balance owed. The buyer has appointed her brother as power of attorney who is currently running the business, is listed as corp. pres. and living in Florida. The brother, also the broker, knowingly and willfully breached the contract agreement, thereby, causing default of payment and forcing me to seek legal action. It very difficult for me to find an attorney willing to sue a person overseas (France) and; as a single mother of three children, my funds are limited and home is in foreclosure due to the loss of income provide by the buyer. I have a Security Agreement on the assets in the business, however, I released all my corp. shares to the buyer, and in good-faith I would be paid. There is no evidence, at this time, which the buyer knows what her brother is doing; however, the brother is doing everything he can to discredit me (going as far as accusing me of stealing from him (?), untrue). My Security Agreement and Default Agreement states that if the buyer goes in default all assets can be seized or sold to satisfy the loan (money owed to me). How can I sue the buyer or the brother acting as power of attorney without appearing in France? How can I sue the buyer in the U.S and demand for her to come to the Florida to settle? And, how can I file a judgment to seize the assets (the fastest way for results) if the buyer lives in France? Please keep in mind, the buyer’s cooperation (I sold her) is located in the U.S. (i.e. Florida) and all documents, closing, purchasing agreements and transfer of shares were executed in Orlando, Florida, U.S. Therefore, I don’t understand why the buyer is allowed to breach/default our agreement and disregard the U.S. laws that protect our right(s) for due process simply by geography. Is there anyone that can help me? Sincerely, Mary A. Marypalmcity@aol.com Thank you everyone for answering my question! I have made progress since my last posting and learned that the person living in France used a Florida address for contact. This means I can file against them in Florida... if they don't create an international issue. In any event, I CAN'T AFFORD AN ATTORNEY. the debtors took my business (I sold them and three years of income valued @ nearly 200K.) I had plans to open another business, however, I'm living off my savings to support my family. This month I'm done and will lose everything. My American dream was stolen by someone aboard who used our legal system to bury me with the cost and time to take back what is mine. My next step is to file a judgment. But I need an attorney... don't have the money, so I'm going to do this myself. Anyone with templets or example forms to file for judgment would help a great deal. I don't need a 'judgment lien form'... I think I need to file papers with the court to ask for a judgment. Florida Law.

Public Comments

  1. If you sold it in Florida and / or the business is located in Florida, file your suit in Florida. Florida courts will hear the case in accordance with Florida Law. Unless some wording in the contract, or a provision of the U.S. Treaty with France has special requirements, it should go through as a regular foreclosure. Where the owner resides shouldn't have any effect on the foreclosure. Seek another attorney and ask him to explain it to you.
  2. Your property is in Florida. Therefore, under U.S. law, you can sue in Florida. That means the business is domiciled in Florida and by law you prosecute your case in Florida. Since the brother has power of attorney, if it is unlimited, you can prosecute him too. So just be sure to name everyone in any legal action, the company, the broker, her brother as holder of the power of attorney, and even possibly successors and assigns depending on how your contract reads. You really must have an attorney who is familiar with International Law. Also, since the property is in Florida, and because the default is international, you can file in Federal Court. I would seize the property! I would also ensure that the person who bought the property is of legal stauts to contract. If he is not, then you can declare the contract null and void and seize the property. But you still have to go through the legal process to do this. Also, if you can find a way to prove that the corporation "defrauded" you, you can also have the contract declared null and void. Check the terms of your contract (and I do hope you had an attorney with contract experience draw it up for you and review it). Was the deed registered? Were any payments made at all? If the brother has power of attorney then, you need to sue the company, the individual and the brother acting as power of attorney and any other parties involved for breach of contract and default. Go immediately and register a lien on the property to ensure that it can't be transferred to anyone and that a clear deed can't be issued. Get a good lawyer and study. All is not lost. You just have to learn the rules and how to "play" the games. Next time, be careful about doing business with foreign nationals. You need to learn what your rights are and how to "collect" if they default.
  3. I'd see a lawyer and explain what you wrote. Due to your current financial situation, see if you can find a lawyer who won't charge you on your first visit or seek a pro bono lawyer. I don't know if the US has free legal centers where you can talk to a lawyer who could advise you what your next step should be. If they do make an appointment to see them. I know the laws on this in my country only US law is different. This really needs to be legally looked at, so if you make an appointment take along all the paperwork you can to the appointment. Keep your chin up and fight this, good luck.
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