QUESTION

Arbitration versus small claims

Asked on Jun 03rd, 2013 on Debtor and Creditor - Florida
More details to this question:
My properties in Ft Lauderdale are managed by a management company. The management company has not paid over my portion (90%) of the rents from 2 tenants for 4 months or provide me with any statements of my accounts. My agreements allow either party to cancel without cause with 15 calendar days notice. After pleading with the company for 3 months I have e-mailed a letter. I live in the UK and originally signed the agreement and PDF back to Eastside Management. The agreement states that arbitration is to be used for disputes and cancellation must happen by certified mail. However, I have been informed that the new management of the company is trying to liquidate it and start a new company. Should I file a small claim? I may need to file 2 as their is an agreement for each property and the combined total is greater than 6,500. Could I file from London? I am an American citizen.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
YOu can file a small claims action or an arbitration, the difficulty in your case will be collectability. If company goes belly up may be very difficult to collect the monies you owe without spending that much or more doing do so.
Answered on Jun 03rd, 2013 at 4:06 PM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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