Legal Question in Business Law in Maryland
Jurisdiction for Breach of Contract
As part of the divorce agreement, I assumed responisibility for the family home in Maryland. Because of financial problems, I had to let the house go to forclosure. Now my ex is suing me for breach of contract in Maryland even though he knows I do not live there and neither does he. Is there a proper jurisdiction for this case in Maryland?
2 Answers from Attorneys
Re: Jurisdiction for Breach of Contract
In a breach of contract case, jurisdiction lies either where the defendant lives or where the contract was executed, and presumably going to be performed. It wasn't clear from your question whether your ex started a brand new suit in MD or is proceeding under the old divorce case. If it's a new suit, you may be able to get the suit thrown out by arguing that MD is an inconvenient forum since neither of you has any real contacts here anymore. You should seek legal assistance since a lawyer best knows how to handle this type of argument.
Re: Jurisdiction for Breach of Contract
Jurisdiction may well lie in Maryland, especially if the original agreement was executed in Maryland and states it is to be enforced pursuant to Maryland law. That does not mean, however that Maryland is the exclusive place where suit may be brought. I recommend that you seek out competent legal advice, as a review of the original agreement and some additional information, not provided in your question, will help an attorney to determine if a Motion to Dismiss in favor of a more convenient forum for bringing litigation is likely to be successful.
You may reach me at 410-437-5600 or by email to [email protected].
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