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Old 10-11-2004, 07:35 PM  
rollinthunder
So Fucking Banned
 
Join Date: Sep 2004
Posts: 359
Quote:
Originally posted by raulph
Yes you can hire a lawyer in the state to do all the work, you shouldn't have to appear in court. But if the case is civil, don't they have to take the case to Canada courts?

Let's say in the case of a Canadian selling someone an as is apple on eBay to a US customer (lets say in California). The US customer finds the apple sour and the Canadian seller will not refund them. They paid by money order so cannot do a chargeback or even worse press a button on PayPal to automatically fuck over the seller. They want to take the Canadian seller to court and do all the filings in California court and send out the notices to the seller in Canada for a court date in the state of California. What happens in this case. Is the seller forced to get a lawyer in California to go to court to fight the case or to make the court case in Canada?
If the case is big enough, and if they suspect that you will ignore the US suit, the plaintiff will launch a parallel action in Canada, but that is not a requirement.

I speak from experience as this happened to me last year. In my case the company, which is one of the largest in the US, flew a team of lawyers up to Canada and I ended up settling before any of it went to court. Cost alot of money though, but the suits were asking for over $100 million in damages.
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