Marco Island, FL asked in Consumer Law for Florida

Q: I would like to sue a big Swiss phone shops chaine, for $ 2'500, who sold me June 18. 2018 a smart phone Nokia 6,

presumably compatible in the USA, which it is not. Can you sue them through a regular US Court located in Florida,

and summon them to Florida? No matter, that they have no assets in Florida? I am CH and US Citizen.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: I've answered two variations of this question, and this answer will be a third.

Short answer is probably yes, but it wouldn't be worth the effort or expense.

There are two systems of "Regular US Court[s]" in Florida, or in every state for that matter. There are federal courts and state courts. It is doubtful that the federal courts would have "diversity of citizenship" jurisdiction because the amount in controversy is a lot less than the amount required for jurisdiction ($25,000 last time I checked). So that would leave you the Florida state courts. You would bring your suit in the county court for the county where you bought the phone. If you bought it online, that would be where you live.

But here's the problem: if you can serve them with process (which may be complicated if they are in a foreign country and don't have an agent in Florida or elsewhere in the US) and get a judgment against them, you may well find it next to impossible to collect that judgment.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: You could potentially take them to small claims court in the county where you live, or at least threated to do so and see where that gets you. At this juncture, I presume you just want your $2500 back (by the way, that is a lot for any phone), most county small claims courts go up to $5,000 and that is exclusive of attorney fees, court costs, etc., which means you can get that on top of it. I am not sure how easy or likely that it will be that you would be able to collect on this debt even if you did go to small claims and won, they probably wouldn't even show up and you would then get a default judgment, again, would you be able to collect if they are only doing business online from another country.

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