Lawyers Needed

[1HotBoss70]

Ok Here is my issue...

I purchased a product from someone living in the US..I live in Canada...the product was misrepresent, and not as described when I received it..I have tried to work things out with the seller with no avail, I am now looking at legal proceedings, which I do want to avoid...the product was delivered from the US to Canada...which jurisdiction should the lawsuit originate..the US or Canada? any help or guidance appreciated..

Thanks

[FNFZ4]

I hope this is not a watch purchased here at TRF

[hsfrank]

I do not think the jurisdiction matters. Jurisdiction is established in many ways. Certainly if it is a US corporation or person jurisdiction can attach there. If the entity or person does business in Canada then that should be sufficient to attach jurisdiction. Choose the venue that is easiest and offers the best chance for a full recovery. If it is in the states you can always appoint an agent with a power of attorney to process it for you. The above is just my opinion as I am not a lawyer but have more than a passing knowledge of civil suits.

[threemonkeys]

This isn't a passive/aggressive TRF watch seller shake-down, is it?

If so, can someone provide me another one of those guys chewing popcorn GIFs?

[East Bay Rider]

Sorry I can't be of more use. Hope the song helps a bit.




http://www.youtube.com/watch?v=S5puA...e_gdata_player

[77T]

Not a lawyer - 1 year in law school and I saw the light
Alright counselor, settle down, just light-hearted satire...

But my 30+ years doing deals and contract tell me even if you win, payment hinges on the defendant following the court's final order. Unless this is $25,000+ then you'll be pursuing an expensive object lesson.

[azguy]

Always buy the seller and give us some more details and/or pictures

[unclesallie]

Originally Posted by 1HotBoss70

Ok Here is my issue...

I purchased a product from someone living in the US..I live in Canada...the product was misrepresent, and not as described when I received it..I have tried to work things out with the seller with no avail, I am now looking at legal proceedings, which I do want to avoid...the product was delivered from the US to Canada...which jurisdiction should the lawsuit originate..the US or Canada? any help or guidance appreciated..

Thanks

Joe: you can sue in the U.S. or in Canada. If you sue in Canada, you'll have to get a judgment, and take that judgment and enforce it in the U.S....can be that you will have to sue on the judgment...gets complex.

If you sue in the U.S. you skip the above step. If the amount claimed is small just forget it. In the U.S. you will not collect attorney's fees nor deposition nor expert costs/fees, unless there is a statute which specifically authorizes it.

Lawsuits are not for the poor in pocket nor those who cannot endure seemingly endless legal procedures to obtain a judgment and then enforce it. FIRST step is to find out if your adversary has any assets that can be seized and sold, assets that are not exempt from judgment, levy , and executioin sale.

Above all, do not hire the 'cheapest lawyer' ...get an attorney who is skilled, diligent, aggressive, ethical.

good luck!

[1HotBoss70]

Thanks Dan..answered all my questions much appreciated