Hello,\n\nI sent MEMO merchandise to a customer. The terms were to be 20% payment in 60 months. It is now going on 14 months and he is making insignificate payments. Since I sent the merchandise from Florida and he is in Lafayette LA can I sue him in my home statre or do I need to hire a lawyer in his city? He will not agree to increase his payments.\n\nThank you,\nMark
2 Answers from Attorneys
I believe a FL court would have personal jurisdiction. Did your contract state any choice of law clause for resolution of disputes? If so, that will govern.
Unless you have a written agreement that specifically requires you to bring claims in Louisiana, you can file suit in the county where you do business and where the payments to you should have been sent to and received. There is Florida caselaw on point on this question, and it basically holds that the place where the payment should be received and where the intended recipient does business is proper venue for an action for non-payment. Of course, without examining any written agreement that may govern the realtionship of the parties, no one can give you any meaningful information that you can rely upon. The contract may have choice of law and forum selection or venue provisions that may change the analysis. Good luck.
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