Legal Question in Civil Litigation in Virginia
Promissory note
I live in NJ and hold a promissory note with an individual in VA for the repayment of $5,000 plus interest. The note was notarized in NJ. The note is 30 days past due, which state governs and what kind of attorney would handle this type of claim?
2 Answers from Attorneys
Re: Promissory note
you can handle this on your own in the special civil part of the court. Check to see if the note has a jurisdiction provision giving you the rigtht to sue in NJ. If not, you probably can do it anyway. If you get a judgment, you will need to go to the defendants local jurisdiction to get paid
Re: Promissory note
Unless the Note specifies, generally the governing law would be where the Note was executed, and you could sue in either jurisdiction. If you sue and get a judgment in NJ, you will still have to have the judgment domesticated and enforced in VA, so you may end up paying more in legal fees. On the other hand, you may have to come to VA to testify if you sue down here, so there are advantages and disadvantages of each.
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