Legal Question in Civil Litigation in California

Jurisdiction & venue info on an unlimited civil case

Tricky Situation: An inmate in a California Prison lent his cousin $70,000 2 years ago. The promissory note was sent signed by borrower from Lake Tahoe CA to a Prison in CA to lender. Money was bank transferred from acct to acct. Borrower was buying a home in Spokane WA, which he did but now say's he's selling. He also owns an established cleaning service in Lake Tahoe. The time limit is up on the no interest balloon payment and I think he's gonna skip. I want to get a civil judgement and then proceed to lien the house. Can anyone tell me which state to file civil suit? I don't want it to contridict the lien process but the lender is still in CA Prison? I really just need to get the money quickly and would accept any quotes for assistance. THANK YOU!


Asked on 12/16/06, 11:30 am

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Jurisdiction & venue info on an unlimited civil case

You need to sue in the state where the borrower resides or is doing business.

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Answered on 12/19/06, 5:16 pm
Terry A. Nelson Nelson & Lawless

Re: Jurisdiction & venue info on an unlimited civil case

You can/must sue where either: A) the defendant lives, B) the contract was entered, C) the contract specifies. You hope to get a judgment, then apply to the WA courts for enforcement in that state. You do not have a simple problem, and are going to spend some attorney fees either by hourly or contingency. I hope your contract provides for attorney fees to the winner. If not, they come out of your pocket. Feel free to contact me if serious about taking action and doing it right.

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Answered on 12/19/06, 8:08 pm


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