I bought a business(restaurant in a mall) from a foreign national. As per our contract, I gave her 60% of the purchase price as a down payment. The remaining 40% was to be paid when the business was transferred to my name. The business is still in her name...I've learned that she is close to defaulting on her lease with the mall...which would give the store back to the mall. The twist is that I"ve heard shes getting ready to flee to her country and I would then loose my deposit. Is there anything I can do to prevent her from leaving the country.
2007-04-15
15:49:18
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9 answers
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asked by
Max
2
in
Politics & Government
➔ Law & Ethics
Problem is I can't "prove" shes leaving. I have learned shes packed up her stuff but she insists she will take care of everything before she leaves. Of course I won't know till she actually leaves.
2007-04-15
16:01:27 ·
update #1
if your a bounty hunter yes!! but if not you can sue the crap outa them!! good luck buddy, also dont lend anyone money it turns friends into enemies.
2007-04-15 15:53:22
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answer #1
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answered by Anonymous
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The only way to prevent her from fleeing the country at this point is to bring criminal charges against her for fraud. She made a fraudulent business deal with you by not keeping up the rent. If you have stake in more than 50% of the business, you can legally have it put into your name once she does leave the country, or even now, provided that you are willing to assume responsibilty for past due obligations. This would require an attorney, and proof of your written contract with her. It's not hard to acquire a business this way, but the legalities are tedious, so you would definitely want to hire an attorney. If you immediately report her to the police for fraud, then they can issue a warrant for her arrest, and put her in jail, which would definitely postpone her plans to leave the country.
2007-04-15 16:09:30
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answer #2
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answered by Madre 5
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Nope, even if you had facts to beleive that she is planning to default, you can't prevent her from leavint the country. Of course not.
Moreover, even if you had the evidence to prove your case, it would take some time to file the lawsuit and get a judgement agianst her. By that time, she may be gone. But in any case, this is your best option. Sue her ASAP. If you have enough facts and a good lawyer, you can get a termporary restraining order freezing her assets even before you have a judgement against her. And that's what counts. Who cares if she leaves the country as long as she has assets here you can attach. You have to move fast.
2007-04-15 19:28:50
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answer #3
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answered by musicdotcm 3
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Get an Attorney and sieze the property, work with the mall on it. I'm sure they would rather have it open than closed and tied up in court for years. Assure them that's what will happen if she runs with your money, since she is obviously not going the bankruptcy route. If done properly you could be getting the place for 60% of what you agreed to.
2007-04-23 06:15:03
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answer #4
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answered by Anonymous
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I would sue her immediately. Fleeing a court in any or most countries would not make her a desirable resident in her own country. The court may be able to restrain her from leaving the country if it has proove of impending flight
2007-04-15 16:00:03
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answer #5
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answered by reinformer 6
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Hire a lawyer and sue her before she leaves the country.
2007-04-21 10:36:14
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answer #6
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answered by Belen 5
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No, there really isn't. However, you need to get an attorney immediately. Call one first thing on Monday morning! There's more going on here and you need to protect yourself.
2007-04-15 15:55:07
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answer #7
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answered by cyanne2ak 7
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i think you are getting scammed... call your local pd, get a lawyer and see what you can do..
2007-04-15 15:55:11
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answer #8
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answered by Mr. Blue 4
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No
2007-04-22 14:29:47
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answer #9
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answered by Zoivic.com 5
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