I have a friend from Ecuador that has an importing company in his country and is woring in the US with a visa. He had a partner but they had a problem and decided to split. The problem is that the partner owes him a large amount of money and my friends told her he would sue her.
But his former partner, who is a US citizen, sent him a notarized letter saying that he can't sue a citizen because that would be considered terrorism. Is that true?
Also, my friend didn't want to meet this person at the stores he usually buys merchandise, so he told the owners that he would not be buying their products if his former partner did. The former partner sent him another letter saying that she would sue him for that. Can she do that? I mean, isn't it up to the stores to decide who they want to work with?
2007-08-13 04:58:57 · 15 answers · asked by Anonymous in Politics & Government ➔ Immigration
Both have the right to sue (for nearly anything) ... regardless whether the plaintiff or defendant are US citizens or not.
In fact, being a citizen of another country can be advantageous ... the individual can sue in either country, according to that country's laws. It may be more difficult to enforce rulings on defendants located outside the ruling courts' jurisdictions, though.
In either case: the plaintiff (the one doing the suing) must prove wrong-doing on the defendant's (the one being sued) part, and any resulting damages from the action (or inaction).
Suing a citizen (of any country) is not an act of terrorism. It is simply a legal matter. Her letter to him can be used to support his case, as it is a threat to his well-being (albeit monetarily).
The businesses that are selling the goods (to both your friend and his ex-partner) are perfectly capable of making up their own minds who to sell to and who not. Either partner can request that the other be excluded; the final decision is up to the seller. Of course, either your friend or his ex-partner can choose not to buy from that establishment; that is a buyer's prerogative. There is no grounds for a lawsuit over that type of business dealing - either by your friend or his ex-partner.
Again, if the ex-partner put her threat to sue (regarding doing business with the selling company) in wrting, your friend can use that as evidence of her being a threat to his livelihood ... and most likely win his original case for compensation and probable damages.
2007-08-13 05:35:33 · answer #1 · answered by CanTexan 6 · 1⤊ 0⤋
Yes, he has the right to sue her for the money if he can prove she owes it. She can also sue him but without more info it would be hard to say how strong a case she has against him. Sounds weak to me though. Hopefully, in that notarized letter she admitted she owed him the money, therefore acknowledging the debt or that he has some proof of it. The courts need to see it in writing that she actually owes him money, otherwise they can't make a judgement. If she does sue him for anything, he needs to file a countersuit immediately. The courts frown on frivilous lawsuits.
If I were him, first, I'd send her a notarized request that she pay the money and send her a copy of the debt. That shows he's made an effort to collect the debt. (The courts won't take his word for it.) If she doesn't respond to this letter, send a 2nd one. Make sure it's notarized so she has to sign for it also. If she still doesn't respond, then make an appointment with an attorney and at least get legal advice and to find out if it's worth pursuing. Unless it's a very large amount of money he may be better off cutting his loses, but of course an attorney who specializes in financial matters can advise him best.
2007-08-13 12:13:53 · answer #2 · answered by ? 6 · 2⤊ 0⤋
He can sue her in either Ecuador or the USA. The Ecuadorian court wouldn't be able to enforce the punishment if she was in the USA.
The store has every right to decide who it wishes to sell its goods to and unless it had a working contract with the other party it can stop selling to her and the problem is between her and the store not him. He also has every right to request this of the store although they don't have to fulfill his request.
2007-08-13 12:12:36 · answer #3 · answered by clint_slicker 6 · 2⤊ 0⤋
oh, yeah.
this sounds like your friend has a good reason to sue her either at a small claim or some thing close to that(depends on how much money is involved).
from what you said, your friend is jusitified to sue her.
Some illegal aliens sued a town near where I live, and they won the case.
2007-08-13 12:46:44 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Yes, even someone not legally in the country can sue a US citizen and it isn't concidered terrorism. She can be sued for doing that as it can be construed as giving legal advice and threats of reprecussions she cannot take. Also, she can't sue him for him telling the businesses he won't do business with them if she does, that is concidered business and isn't legally obligatory for them to do business with her or him, that is their choice and she can do business elsewhere if they choose him over her.
2007-08-13 12:06:27 · answer #5 · answered by summermoondancer2004 3 · 2⤊ 0⤋
He can totally sue. So can she. He doesn't even have to be a legal immigrant. He needs to go ahead and consult a lawyer, because if nothing else, it sounds like he will need one to collect on the large debt.
2007-08-13 12:06:51 · answer #6 · answered by rhea b 3 · 2⤊ 0⤋
Terrorism? That's ridiculous. Of course he can sue.
2007-08-13 12:10:03 · answer #7 · answered by Anonymous · 3⤊ 0⤋
Snort. Your friend's former partner WISHES...
Yes, he can sue.
2007-08-13 16:23:29 · answer #8 · answered by DAR 7 · 1⤊ 0⤋
She is just messing with him.If he is legally in the US, he can sue her if he wants.
Just because someone is visiting the US doesn't mean we can abuse them.He has rights too.
2007-08-13 12:04:17 · answer #9 · answered by Marilyn T 7 · 2⤊ 0⤋
just tell them both to stay away from each other and go on about their life. so what if the store deals with both of them. they will both feel dumb when the store cuts them both off.
2007-08-13 14:02:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋