Legal Question in Business Law in Nevada
I live in Nevada and want to sign a promissory note to family in California. What state takes jurisdation?
2 Answers from Attorneys
Any attorney will say it depends on what the promissory note provides. It can provide for jurisdiction and venue in either California or Nevada, depending on what the parties agree on. Consult with a good business attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Mr. Murphy is correct as far as it goes. A good promissory note will include a jurisdiction clause. Unfortunately most form notes do not. In the absence of a jurisdiction clause, there may be jurisdiction in both states. Jurisdiction is generally proper in the state in which a note is signed, and in the state in which it is to be paid, it is also proper in the state in which the debtor resides. So unless you sign the note in Nevada, and provide that payments are due in Nevada, and do no have any business or other significant legal contacts with California, either California or Nevada would probably have jurisdiction.
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