Any legal experts out there?

[sharty]

I may be part of a multi person law suit. I'm Canadian and the defendant is Canadian. The other plaintiffs are American. The defendant has a house in Florida as possible assets. Do we have to sue him in his home Canadian city? Can the USA house be used or seized as an asset by a Canadian court?

Can we open the suit in the city where his house is? The other plaintiffs are in various USA locations.

Did I explain this properly, I am going to speak with a Canadian lawyer. But he will obviously want the case and may not give the best advice.

 

[IM469]

I hope even if you find your answer off this board, you will post the answer here. Sounds like the law version of a Rubic's cube.

I am not a lawyer but just for the fun of a totally unprofessional opinion based intuition:

The house in Florida makes him a resident of the US and his US residence can be a valid target for US lawsuit settlement.

Please post the correct answer. I'm very curious.

 

[Leimonis]

I may be part of a multi person law suit. I'm Canadian and the defendant is Canadian. The other plaintiffs are American. The defendant has a house in Florida as possible assets. Do we have to sue him in his home Canadian city? Can the USA house be used or seized as an asset by a Canadian court?

Can we open the suit in the city where his house is? The other plaintiffs are in various USA locations.

Did I explain this properly, I am going to speak with a Canadian lawyer. But he will obviously want the case and may not give the best advice.

Enforcement of a Canadian judgment by a Florida court is generally possible, but it involves a specific legal process. Here are the key steps and considerations:

1. **Reciprocity**: The United States and Canada have a generally reciprocal arrangement regarding the enforcement of judgments. However, this is not an automatic process and must follow certain legal principles.

2. **Recognition of Foreign Judgments**: The Florida court must first recognize the Canadian judgment. This involves filing a legal action in the Florida court seeking recognition of the foreign judgment.

3. **Uniform Foreign Money-Judgments Recognition Act (UFMJRA)**: Florida has adopted this act, which outlines the criteria and procedures for recognizing and enforcing foreign judgments. The Canadian judgment must meet the standards set by this act.

4. **Requirements**:
- The Canadian court must have had proper jurisdiction over the case and the parties.
- The defendant must have been given proper notice and an opportunity to be heard.
- The judgment must be final, conclusive, and enforceable in Canada.
- The judgment must not violate Florida's public policy.

5. **Defenses**: The defendant can raise certain defenses against the enforcement, such as:
- The judgment was obtained by fraud.
- The proceedings in Canada were not compatible with due process.
- The judgment conflicts with another final and conclusive judgment.

6. **Procedure**: Once recognized, the Canadian judgment can be enforced like any other judgment of a Florida court, which may involve actions such as garnishment, seizure of assets, or other enforcement measures.

It is advisable to consult with a lawyer who specializes in international judgment enforcement to navigate this process effectively.

 

[SchlongConery]

1. You should file the suit in the jurisdiction in which the tort or whatever took place in or where the contract was signed and under which jurisdiction

2. Or if it was in Timbuktu and neither of you live there, then either file it in your jurisdiction of your home, but run the risk of him moving for a change closer to his nexus.

3. The state of Florida has a homestead exemption. It means a persons personal residence is safe from judgments, not arising out of a mortgage default on the property. However, if the defendant is not an official or actual resident of Florida, then it is not protected.

4. Exq a judgement in Florida can be done but it can be costly.

5. If you win and the defendant refuses to pay, you can always petition him into bankruptcy, which then brings the Florida property into the estate. Then it’s the other guys problem how to dispose of it unless he wants to live in permanent bankruptcy.

Not a lawyer! Just have some experience in these matters

 

[SchlongConery]

I hope even if you find your answer off this board, you will post the answer here. Sounds like the law version of a Rubic's cube.

I am not a lawyer but just for the fun of a totally unprofessional opinion based intuition:

The house in Florida makes him a resident of the US and his US residence can be a valid target for US lawsuit settlement.

Please post the correct answer. I'm very curious.

IF he is a bona fide resident of the state of Florida, his “homestead” is protected.

 

[IM469]

Enforcement of a Canadian judgment by a Florida court is generally possible, but it involves a specific legal process. Here are the key steps and considerations:
...

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[bazokajoe]

2 thoughts.
1 go see a real lawyer, don't listen to a terb lawyer
2 don't ask for medical advice on here.

 

[SchlongConery]

2 thoughts.
1 go see a real lawyer, don't listen to a terb lawyer
2 don't ask for medical advice on here.

Why not? It's just chat. Maybe somebody has experience or wisdom to share that might be worthwhile to consider.

You think anyone is going to file their own statement of claim or circumcise themselves based on TERB's brain trust?

 

[SchlongConery]

Did I explain this properly, I am going to speak with a Canadian lawyer. But he will obviously want the case and may not give the best advice.

You'd be surprised at how many litigators will turn down plaintiff's cases. They don't want to waste their time or reputation on filing losing cases.

Now, if you just want to start with wasting time time with letter writing sabre-rattling lawyer's letters... sure... they'll take your money. And unless it is being defended by an insurance company, you will likely not see any settlement. You'll just pay for lawyers letters. And the first thing a lawyer looks at when getting a letter is to see if the other guy is a litigator or a letter writer.

Care to share what the basis of the claim is?

With so many distant plaintiffs, any chance it was some sort of an investment scam?

 

[bazokajoe]

Why not? It's just chat. Maybe somebody has experience or wisdom to share that might be worthwhile to consider.

You think anyone is going to file their own statement of claim or circumcise themselves based on TERB's brain trust?

I wouldn't put it past them.

 

[Vera.Reis]

I may be part of a multi person law suit. I'm Canadian and the defendant is Canadian. The other plaintiffs are American. The defendant has a house in Florida as possible assets. Do we have to sue him in his home Canadian city? Can the USA house be used or seized as an asset by a Canadian court?

Can we open the suit in the city where his house is? The other plaintiffs are in various USA locations.

Did I explain this properly, I am going to speak with a Canadian lawyer. But he will obviously want the case and may not give the best advice.

Jurisdiction is very complicated and this simply is not enough information for anyone to actually advise you, we don't even know the area of law to begin to parse out what complications you might run into. You can't just file a lawsuit wherever you want depending on the type of case. You might wait a long time to get in front of a judge just to have your case thrown out due to a lack of Jurisdiction, or a refusal to uptake Jurisdiction if there is a better venue and by then may start running into limitation date issues when you try to file it in the correct Jurisdiction. There's no running around paying a lawyer to advise you on where to file.