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PostPosted: Mon Jun 26, 2017 5:51 am 
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I live in FL. Years ago, (2012) I purchased a collection of music from a company, that was fulfilled by a well known company in CA. While the company itself may not be operating, the address still comes back to being a warehouse for the same person I dealt with who still appears to be in the music and karaoke business. A recent audit of my operation revealed to me that the collection this person sold me turned out to be counterfeit...and obviously so. I had no reason to believe I was defrauded until the recent audit.

While enough years have gone by that the statute of limitations has passed, it is my understanding about CA law that the statute can also start at discovery of the fraud, which would be last month, giving me 3 years to follow up on this discovery.

I am considering going after this person for defrauding me to the tune of thousands of dollars, but being in FL, it is not as easy as filing a small claims suit. I do not intend to travel to CA for any reason. Is there an easy process for me to handle this from Florida, or does anyone know of an attorney in CA that would enjoy handling something like this? I am not even sure if it is worth it, or if I should cut me losses at this point. Just throwing this out there for input from those who may have had a similar experience, or are better suited to knowing CA law and the process better than myself.

I am certain too that this person is no stranger to lawsuits and is probably lawyered up pretty well himself.

I have not contacted the person yet to let them know. Figured I would toss this out to my peers for input first. This way I might have a better idea what my options are before contacting him, or having counsel contact him. Thanks in advance for any light you can shine.

(CLARIFICATION EDIT: the person is a wholesaler of new music, and the collection was a new collection that was not original, but had been copied, and not certified by the manufacturer. The sale was posted on their website...and I have a screen shot of that, copies of my correspondence with the seller via email about legitimacy and all my reciepts)


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PostPosted: Mon Jun 26, 2017 9:33 am 
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As in California, the Florida statute of limitations for fraud actions begins to run "from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence." The only other limitation is a hard 12-year limit, known as a "statute of repose"; this means that a lawsuit has to be brought no later than 12 years after the acts that gave rise to the fraud occurred, regardless of when you learned of the fraud.

If you were living in Florida at the time of the purchase, and the seller shipped the goods to you in Florida, you can probably sue the seller in Florida rather than having to sue them in California. You will almost certainly have to go to California (figuratively; not necessarily literally) to enforce a judgment, but if you have a judgment from a Florida court you won't be starting from scratch, and there are collections attorneys who will take that kind of case on contingent fee.

You can probably file this as a small claims matter in Florida. The defendant will have to be served in California (which requires hand service, but there are many companies that will handle this for you for a fee) with the summons from the Florida court.

As always, this is information, not advice, and if you have questions or concerns, I recommend consulting an attorney with expertise in your specific situation.

_________________
Since there has been some confusion:
1. I am a lawyer. I am not your lawyer. Statements I make here about legal issues are for informational purposes only.
2. I am an officer of Phoenix Entertainment Partners, but my opinions on matters not involving Phoenix's business are my own and may not reflect the opinions of the company.
3. If you have questions you'd like answered officially, you are welcome to email me at jim@phxep.com or send me a private message here.


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PostPosted: Wed Jul 05, 2017 3:49 pm 
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Thank you sir!!


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