You shipped the goods, and the overseas buyer has stopped paying. Or a foreign supplier took your deposit and never delivered. In many cases, the contract’s forum and arbitration terms decide whether the fight happens in a Florida court or in arbitration, and Florida law sets the basic payment rules.
What a Foreign Buyer or Supplier Payment Dispute Is
A foreign buyer or supplier payment dispute is a disagreement over money in a sale that crosses a border. One side pays late, pays short, or refuses to pay at all. Most cases fall into one of two patterns:
- A foreign buyer refuses, delays or short-pays for goods or services you delivered.
- A foreign supplier keeps a payment or deposit, withholds delivery, or refuses a refund after you paid.
This page is written for importers, exporters and companies in Tampa Bay and Hillsborough County with unpaid, short-paid or disputed cross-border sales. Owners and finance leads often ask the same question: sue in Florida, send the matter to arbitration, or negotiate first. For more on the wider practice, see the business litigation overview.
Our team can review them with you. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
What This Service Covers
Ayala Law PA handles cross-border payment matters as part of its business litigation and international trade litigation work. The matters include:
- Unpaid invoices on overseas sales
- Payment-term and letter-of-credit disputes
- Short-payment and set-off claims
- Disputed deposits or refunds on cross-border orders
The work starts with the paperwork. Our team reviews the sales agreement, purchase orders, invoices and shipping terms to find the payment obligation and any notice requirement.
Florida’s sales rules matter here. Under Fla. Stat. § 672.709, a seller may recover the price when a buyer fails to pay as it becomes due. That covers goods the buyer accepted, conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer, and goods identified to the contract that the seller is unable to resell after reasonable effort at a reasonable price or where circumstances reasonably indicate that such effort will be unavailing. Under Fla. Stat. § 672.607, a buyer who accepted a tender must notify the seller of a breach within a reasonable time after discovering or should have discovered it, or be barred from any remedy.
The team also prepares demand letters and handles pre-suit negotiation aimed at resolving the balance before a filing. It also litigates in Florida courts and arbitration, including claims, defenses and counterclaims. Each matter turns on its own contract and record.
How Forum and Arbitration Clauses Decide Where Your Case Goes
A forum selection clause names where disputes must be heard. An arbitration clause sends them to a private process instead of a courtroom. Each clause changes where the case goes and how it moves.
An arbitration clause carries real weight in Florida. Under Fla. Stat. § 682.02, an agreement in a record to arbitrate existing or later disputes is valid, enforceable and irrevocable. The exception is a ground that exists at law or in equity for revoking a contract. Federal law reaches contracts involving commerce too, under 9 U.S.C. § 2. A court also cannot refuse to order arbitration just because the claim lacks merit, under Fla. Stat. § 682.03.
In Basulto v. Hialeah Automotive, the Florida Supreme Court held that a court must find both procedural and substantive unconscionability before refusing to enforce a term.
Where a case can be filed also depends on venue and jurisdiction. Under Fla. Stat. § 47.011, actions go where the defendant resides, where the cause of action accrued, or where the property in litigation is located. That section does not apply to actions against nonresidents. Under Fla. Stat. § 48.193, a person who operates a business in Florida, or who breaches a Florida contract by failing to perform acts it requires in Florida, can be sued here for claims arising from that conduct.
Bring the full contract, every amendment, the purchase orders, the invoices, and the shipping and payment records to your first call. These documents drive the forum question.
How the Process Works: Steps and Timeline
A cross-border payment case usually moves from document review and demand to a forum decision, then filing, discovery and resolution. The typical sequence looks like this:
- Intake and document review. We review the sales contract, payment terms, correspondence and shipping or customs records.
- Written demand. A demand states the amount owed, the basis for it and a payment deadline.
- Forum decision. We decide between court and arbitration based on the clause, the parties’ locations and where payments and assets sit.
- Filing or arbitration demand. The case is filed in a Florida court or arbitration is started. Service on a foreign party follows the applicable rules.
- Discovery and motions. Records are exchanged, motions are argued, and mediation or a settlement conference may occur before trial or an arbitral hearing.
- Judgment or award. The case ends in a judgment or award. Enforcement or recognition may be a separate step.
Timelines vary with the forum, the foreign party’s response, service requirements and court or arbitral schedules. We discuss expected timing for your matter at intake.
Steps That Protect Your Claim During the Dispute
Dated written records and a clear demand are steps you can take early in a payment dispute. Each one can matter if the case moves forward.
- Send a written demand that states the amount, the contract basis and the deadline.
- Keep every record. Save emails, order confirmations, shipping documents and payment receipts.
- Watch the notice rule. Under § 672.607, a buyer who accepted a tender must give notice of a breach within a reasonable time after discovering or should have discovered it, or be barred from any remedy.
- Consider a settlement offer. Under Fla. Stat. § 45.061, a party may serve a written offer to settle more than 60 days after service of a summons and complaint and not less than 60 days (or 45 days for a counteroffer) before trial, but the section does not apply to causes of action that accrue after the effective date of the act. It is not filed with the court and stays open for 45 days unless withdrawn sooner. Fla. Stat. § 45.061 reads: “The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree.” An offer is presumed unreasonably rejected by a defendant if the judgment is at least 25 percent greater than the offer. It is presumed unreasonably rejected by a plaintiff if the judgment is at least 25 percent less.
- Watch for transfers. Florida law can treat a transfer made with actual intent to hinder, delay or defraud a creditor as fraudulent. Under Fla. Stat. § 726.105, that rule applies whether the claim arose before or after the transfer.
Why Work With Ayala Law PA on Cross-Border Payment Disputes
Ayala Law PA is a business litigation firm that represents businesses and entrepreneurs in Tampa and Hillsborough County. The firm serves businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace and the Tampa Bay area.
Eduardo A. Maura is the responsible lawyer for this page. Our team works on business litigation, commercial litigation, contract disputes and international trade litigation in Florida courts and arbitration. Those are the practice areas behind the matters described here.
If a matter may be better handled by another lawyer or firm, we will tell you that at intake. The firm can review the sales contract, the forum and arbitration terms, and the payment record for your dispute.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Questions Businesses Ask About Foreign Payment Disputes
Most questions about these disputes come back to the contract’s forum and arbitration terms.
Can I sue a foreign buyer in a Florida court?
It depends on the facts, including the forum clause, jurisdiction and service rules. Venue and long-arm rules set the starting points for review at intake.
What if our contract requires arbitration?
An arbitration clause generally sends the dispute to arbitration under Florida and federal law. We review whether the clause covers your dispute.
How long does a cross-border payment case take?
Timing depends on the forum, the foreign party’s response, and court or arbitral schedules. We discuss expected timing for your matter at intake.
Can you collect a judgment against a foreign company?
Enforcement is a separate step with its own procedure. We address it once the claim and forum are clear.
How are fees handled?
Case evaluations are billable. Fee terms and costs are explained before any engagement.
If an overseas buyer has left your invoice unpaid, or a foreign supplier is holding your deposit, your contract’s forum and arbitration terms may decide where your claim goes. Call (305) 570-2208 or request a case evaluation and bring your contract and payment records.
