Legal Question in Civil Litigation in New York
Small claims court cases
I live in NY and have a promissory
note with my mother-in-law in TX.
She isn't paying and I wanted to file
a claim against her. I included a
clause in the promissory note that
she agrees to be bound by laws in
the state of NY. Is action possible
through small claims court, and in
which state/county/city would I have
to file?
1 Answer from Attorneys
Re: Small claims court cases
I am sorry but your clause will not help you bring the action in NY.
Your clause is a choice of law clause. It does not convey jurisdiction on a court. You would have had to included a clause which would have conferred jurisdiction on a NY court and given a place to serve your mother-in-law where she would consent to service.
Moreover small claims courts only have jurisdiction over cases were both parties live in the same county. Hence I do not see jurisdiction here.
Depending on the value of the promissary note you will have to get her and serve her in NY or you will have to serve her in Texas and try your case there albeit under NY law.
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