Our association was scammed by a association (JVS Powersports) which went broke after they sent us product to discharge after they sole a product. They never sole it, had it re-factored 5 times by 5 opposite financial companies, upon a fifth financial company, they went bankrupt. So, they went broke with a income which a financial association gave them to cause a product which they shipped to us, though they never sold. Now, a financial association has a fit opposite us in Canada. My lawyers aren’t as well disturbed here. The financial association emailed me yesterday, observant which after a 20th of this month, they will have a Canada default settlement filed in NC, as well as will proceed a pick up process. My lawyers contend they will have a tough time proof they have office over us. But, it’s not impossible. Should we be worried? What can they do to us? we have volunteered to give a product back, since we have had it in storage these 5 years. They do not wish a product back. They usually wish money, since they have been a financial company, not a strange scammer JVS association which conned us. we have volunteered to sell them at a poor rate, since these right away have been new, though out of warranty, as well as there is no where to buy deputy tools from. (These have been 64 portable generators). If we sole them any for 0, we could substantially give them K, though they contend K is as low as they will take. Help!
#1 by Gary C on January 3, 2010 - 6:48 am
Your lawyers are technically correct. A Canadian judgement would be rather difficult to enforce in the US, UNLESS an NC judge agrees to uphold the Canadian decision. Then you’d have reason to sweat.
That being said, I would be mainly concerned if you still continue to do business in or with Canada. It’s remote, but still a possiblility that a Canadian court could order a garnishment of some sort which is leaving Canada intended for you.
There is also the possibility of a lien against your business or vehicles that could be filed.
My advice is to let your attorneys handle the matter.
#2 by ∞infiniti∞ on January 3, 2010 - 6:48 am
I don’t really know Canadian law, but my question is, how can the finance company get a default judgment against you in Canada without having properly served you a summons there?
The finance company might be bluffing. Why would they settle if they have a sure bet on a default judgment?