The art turned out to be forgery. This art was a replacement for another forgery that he sold me. It is the same picture but a different number in the edition.
I have gone tried to resolve it. He won't reimburse me for the expenses it knows that I incurred.sorry about the english above. I have tried to resolve the issue, but he won't reimburse me for the expenses.
Your defendant may or may not have enough "minimum contacts" with Texas to sue him in Texas. However, unless he has assets in Texas, even getting a judgment against him won't help you collect - you would have to domesticate your judgment in Florida (assuming that's where his assets are) in order to collect.
Without more details, it's impossible to say for sure whether you can, or should, sue in Texas. But if there is any significant amount of money involved, you'll want to have an attorney represent you. I suggest you consult with one in the area where your defendant's business is located. Good Luck!
Ms. Walter's correct that that for purposes of determining personal jurisdiction -- whether the Texas courts have the constitutional *power* to haul that out-of-state defendant before them for purposes of your lawsuit without violating that out-of-state defendant's due process rights under the federal constitution -- the Texas courts would consider whether the defendant has sufficient "minimum contacts" with Texas to make that fair. If, for example, the defendant traveled in person to Texas to display the art to you, that would count very heavily in favor of the Texas courts being able to acquire personal jurisdiction over him even through a summons or citation sent by certified mail. Or if the defendant owns property in Texas, pays taxes or fees here, has petitioned the Texas courts for relief in the past, has an office or agents here, and/or has sold other paintings here, all of those kinds of contacts might create a situation where the Texas courts conclude that "Yes, it's fair for that defendant to be sued here, too, in addition to being fair to sue him in his home state."
It's not uncommon for there to be quite a tussle over personal jurisdiction at the very beginning of a new lawsuit. There may be discovery specifically on jurisdictional issues, and a contested evidentiary hearing. And if you decide to proceed here, and either at the trial or appellate court levels the Texas courts determine that they actually *lack* personal jurisdiction because there are insufficient contacts between Texas and the out-of-state defendant, you may have wasted a lot of time and money.
Even if the Texas courts conclude that they do have personal jurisdiction and if you end up winning a judgment here, the question of enforcement then arises. If the defendant happens to have non-exempt (typically non-homestead) assets in Texas, great -- you can have those seized and sold to satisfy your judgment. More commonly, however, you're going to have to start a new legal proceeding in the state(s) where the defendant has assets.
That can be simpler than having to start all over: Your judgment from here in Texas can be "domesticated" -- recognized by the judicial system of Florida or other states -- in a shorter and more straight-forward proceeding, in which the defendant may not be permitted to contest liability or urge his defenses and in which the Texas judgment can't be directly appealed or contested. But guess what: Among the limited defenses to domestication is that the state that issued the judgment didn't actually have personal jurisdiction! So if the Florida courts conclude that the Texas courts didn't give you a fair chance to fight over personal jurisdiction, for instance, or got the decision very badly wrong, they may refuse to domesticate your Texas judgment -- meaning as a practical matter it may not be worth the paper it's written on.
Obviously it's less convenient for you, and will be more expensive for you, to hire counsel in Florida, and you give up "home court advantage," which can be significant in some circumstances. So the risks of a jurisdictional fight if you sue in Texas may be worth it. But only an experienced lawyer can help you analyze the facts, analyze the "minimum contacts," and assess the likelihood of difficulty in getting a Texas judgment domesticated and enforced in other states if necessary. So I join Ms. Walter in suggesting that you consult qualified counsel to help you make that decision, even if you end up deciding to file the lawsuit pro se (without counsel). And if very much money is involved, suing pro se is probably a bad idea even if you don't expect a fight about personal jurisdiction.
You really need to specify the circumstances under which you bought the "art". If you bought it in Texas or in response to an advertisement directed to purchasers in Texas, you may have jurisdiction in Texas.
You may consider filing a criminal complaint with the Dallas County District Attorney. The DA's office could evaluate the minimum contacts issue at no charge to you.
You may also consider filing a complaint with the Texas Attorney General, by visiting the Attorney General's web site, and navigating to the complaints page.
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