Legal Question in Civil Litigation in New York
Jurisdiction question for civil claim
I have a promissory note signed
between myself and a family relative.
The note was signed when the
relative lived in Texas, so it refers to
their Texas address. I discovered
that they are now living in New York
until the end of November and I was
hoping to serve them notice while
they are living in the same state.
Does the fact that their Texas
address is on the promissory note
affect my ability to sue in NY? Also,
does it matter what county I file suit
in, if she's living in a different area?
1 Answer from Attorneys
Re: Jurisdiction question for civil claim
Q. Does the fact that their Texas address is on the promissory note affect my ability to sue in NY?
A. No. If they are a resident of New York, or have a presence in this state, you may commence an action in New York.
Q. Also, does it matter what county I file suit in, if she's living in a different area?
A. It depends on the Court that you use. If you use the Supreme Court, you may file either in your County or in their County. If you use the District Court, you would have to commence an action in the County where the family member either works or resides. If you use the Civil Court, you may commence the action in either Bronx, Queens, Kings, NY or Richmond (SI) County; however, the family member must either work or reside in the City of New York.
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