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

Question

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.

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Answer 1

If the person you are suing has property in Florida, you can get in rem jurisdiction over them.

Additionally, if they are a corporation doing business in Florida, one of the requirements is that they have a person who will accept service in the State.

Contact an attorney.  I doubt that jurisdiction will be a problem in the case you described.

Answer 2

Hire an attorney for this. It can be done.

You can sue them in FL. If you win, their property can be attached. They have to come to FL to defend, or they can forfeit.

Since we have recipricol agreements with France, you can also sue him over there, but you will need a French attorney for that (the two systems are quite different).

Best to sue him and resolve this in a FL court. Sounds like you have a decent case, but for Pete's sake, hire a FL attorney for this!