Legal Question in Civil Litigation in Texas
A contract was written between my ex and I when we both lived together in Texas stating terms of finances that were owed to me. It was witnessed and signed by a neutral third party, and both of us got an original signed copy. In the contract, it was stipulated that "In the event of default, the borrower agrees to pay all costs and expenses incurred by the Lender, including all reasonable attorney fees (including both hourly and contingent attorney fees as permitted by law) for the collection of this Note upon default."
He has not paid me by the date on the contract and now I am going to collect. I live in Oklahoma now, and he lives in New Hampshire. I want to file in the county where the contract took place - Tarrant County in TX.
Is that feasible or a good middle ground? If he filed a request to transfer, could I file a counter request? Would travel fees to his state be collectible under that contract term?
1 Answer from Attorneys
Don't sue him in Texas. It would be legally appropriate, but it wouldn't be convenient for YOU.
Your best bet would be to hire a New Hampshire lawyer and sue him in his home state - he can't complain about jurisdiction. Also, the New Hampshire lawyer (local to your ex) is in a better position to COLLECT the judgment (an important second step).
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