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Old 02-21-2011, 06:09 AM  
XMerchant
Adult Merchant Accounts
 
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Join Date: Jun 2009
Location: Tampa
Posts: 416
Quote:
Originally Posted by will76 View Post
I didn't read through all of that yet, just wanted to comment on the part above. You people sound so amateur. You act so shocked that he sued you in Canada. Where was he suppose to sue you? in your town? All legal contracts worth more than the paper they are written on address what happens if a lawsuit arises and give the location (always where the person who wrote the contract is located) where it would be litigated.

Also 7 page contract.... the horror! How dare he make a long contract. He is evil.

It's hard to take any of you serious and get past that stuff when you don't know how to take business serious.

I know I sound like an asshole, but if you don't take offense and listen to it, the message will help you.
Mark is based in 2 places, Montreal and Las Vegas. He could have easily sued me there, but I'll tell you why he sued me in Canada, and I suspect this is just a standard end to a business relationship at LCN.

He sues in Canada because it's a cheap way of getting out of paying people the money he owes them. He figures that most people will not bother responding to a Canadian lawsuit, and will let him get a default judgment. The last thing people will want to do is sink more money into legal fees after losing a fortune already.

Once he gets a default judgment in Canada, it's very unlikely the losing person will ever take him to court in the US, and if they do, he can always refer to that case. Filing a lawsuit on his home turf by a lawyer he has on retainer costs him maybe $150 (if even that since his lawyer's retainer probably includes a few of these "breach of TOS" lawsuits each month), but paying back the money he owes to each ex customer, which in my case was thousands of dollars would have cost much more.

Just normal business practices for Mark, I'm not shocked at all. In my case, I caught him off guard by actually responding to his lawsuit on his home turf, and countersuing for a lot more than he could afford. Once he saw that I meant business, and was not afraid to put up as much money as needed to win, he quickly offered to settle.
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