[misterblack]

I signed a business contract based on Quebec civil law in 2006 with a Florida company and two Florida individuals. In the contract they agreed to transfer certain IP assets and to not compete against me in the same industry. In return I was to use them as a supplier. After I grew the business into a huge success, they disappeared with all the money, the IP assets and used all of it to start an identical business that did exactly what I did.

As I live in Montreal, I was a bit confused as to how to pursue them legally. Should I go after them in a Quebec court and enforce the judgment in Florida? Or should I get jurisdiction and sue them in a Florida court?

After obtaining advice from a friend studying law, he told me that foreign country default judgments cannot be domesticated in Florida (or at least not without a huge ordeal). Is this correct? This wouldn't make sense if it was true. How come Florida allows foreign judgments (where both parties showed up to trial) to be domesticated, but not default judgments? If this was true, then any Florida resident who was getting sued in another state/country would simply never show up for trial because they would know that a foreign default judgment could never be domesticated!

So the question is: If they don't show up in Quebec court and a default judgment is issued, can that judgment be domesticated in Florida?

Can anyone offer some expert insight as to how I can best pursue an enforceable Quebec judgement against these scumbags?

[Raj2609]

Hi

My name is Rajesh Daswani
I am in the same boat as you only that I am based in India

I have a case to be filed against a Florida resident and my American lawyer (throught a collection agency) is also telling me that a default judgement won't be domesticated

However I have been reading online and find that if properly served it is acceptable

**** any suggestion for off line or email contact has been deleted, as it is against the site rules *(***** if you have more info you post it here publicly
Fr Chuck ******



Rgds
Rajesh

[JudyKayTee]

AMHD does not operate like a message board. Please do not post your email address and please don't request that a discussion be taken off the board. Ask Me Help Desk - FAQ

[Fr_Chuck]

Answers edited to do away with email address

If you have info please post it publicly

[misterblack]

Hi

My name is Rajesh Daswani
I am in the same boat as you only that i am based in India

I have a case to be filed against a florida resident and my American lawyer (throught a collection agency) is also telling me that a default judgement won't be domesticated

However I have been reading online and find that if properly served it is acceptable

**** any suggestion for off line or email contact has been deleted, as it is against the site rules *(***** if you have more info you post it here publicly
Fr Chuck ******



rgds
Rajesh

Let me get this straight- you have a default judgment from India against a Florida resident. Out of country foreign default judgments are never enforced. In theory it is acceptable but in reality it doesn't matter if it was properly served or not-- Florida courts rarely domesticate out of country judgments (without a huge amount of trouble). You will have to get personal jurisdiction and sue the person in Florida. With the latter you will have to travel to Florida to give a deposition. I've chosen to just give it up- its WAY too much trouble.