Legal Question in Credit and Debt Law in California

Venue

I live in california & lent money to someone in Nevada, It was stipulated in the note that if it goes to court it would be under Californi Law. The note was signed & notarized in Nevada, do i sue in Nevada or California?


Asked on 5/15/09, 11:27 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Venue

Hard to say without reading the note. The clause you cited suggests you would be able to sue in California.

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Answered on 5/15/09, 11:34 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Venue

Generally, the preference would be to file suit where the contract was signed, to be performed, or where the defendants reside. A Nevada court could apply California law. In addition, it would probably be cheaper to sue in Nevada, because you would already have a judgment on which to execute, rather than having to take a California judgment to Nevada, open a special proceeding, and then execute (unless the defendant has California assets).

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Answered on 5/16/09, 1:07 pm
Larry Rothman Larry Rothman & Associates

Re: Venue

It will depend on whether just California Law applies or if it says that in any litigation, the venue would be "city" California. We would have to see the note.

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Answered on 5/16/09, 1:43 pm


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