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Some time ago I have signed a contract with Premiere (Premiere Event, Rise of the Phoenix Inc, NYS Corporation) with Michael D Palance as Director, US company which is looking for young talents through talent auditions while they were on their trip to Europe. Part of the sum I payed with a credit card and another part in cash. While I did not want to use their service I have asked for a valid refund within 3 business days after the contract was signed (actually just next day). To make long story short I have received a refund on my credit card payment but never received the wire transfer for the cash payment (which was promised to me by email and was even confirmed that it has been sent). In the meanwhile I also did not receive any service from them.

As I am located in EU I would like to know what kind of options I have available to pursue the US company? In the contract it mentions that "venue and jurisdiction shall lie exclusively in the state and federal courts having jurisdiction over Orange County, Florida"

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  • What's the amount?
    – Greendrake
    May 29, 2019 at 8:01
  • Did the signed contract state that it was signed in the EU? Also was the cash and credit card payment documented with date and place?
    – Mark Johnson
    May 29, 2019 at 9:05
  • Cash amount is ~7000USD. There is no indication in the contract where it was signed, but it was public event in one of the hotels. There is a date on the contract. Cash and Credit Card payments are indicated on the contract separately.
    – Pavel Krasnopevtsev
    May 29, 2019 at 9:12
  • Sacrifice $1k (or less) out of the $7k to find a US-based lawyer who will send the company a demand letter. This should do the trick. If it doesn't, tell the lawyer to sue and claim legal expenses on top of the $7k.
    – Greendrake
    May 29, 2019 at 10:00

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Your best course of action would be to hire a U.S. lawyer to bring a lawsuit in Florida. Given the contractual choice of forum clause, a lawsuit anywhere else is likely to be thrown out. It is often possible to resolve cases like these based upon documentary evidence and depositions and affidavits prior to trial, and usually, telephone testimony will be allowed in these circumstances if the case does go to trial.

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