Contracts
Contract Agreement
New York
How to determine jurisdiction for lawsuit?
I have a promissory note written in Montana that was breached. I am in New York. I am the borrower and my aunt is the lender; I have since discovered she wrote the note with unfair terms. I need the note voided. What do I do? I can’t find an attorney anywhere to take my case.
Answers from 3 Lawyers
Answer
Contracts
New York
Ramsey T.
ContractsCounsel verified
Hi - what does the contract say? We are looking for the choice of law clause. If the contract provides for NY choice of law then fantastic! You hire an attorney in New York, send them a demand letter and file in a New York State Court - on the day after the expiration date for your letter. Once you get your judgment in New York, you hire a collections attorney in Montana to go collect your judgement (if they won't pay up - its amazing how much they are willing to pay when you get a local lawyer to put a lien on their house!) If the choice of law clause says Montana - you can (i) be certain and hire a lawyer in Montana and follow the same process or (ii) be aggressive, hire and file in New York, just to ensure that they have to hire a New York lawyer to get the case dismissed. The second situation would be if you think they would rather settle with you than pay someone in New York to get the case dismissed. There is a lot of strategy to consider - but the most important thing in any of this is to be decisive and move forward with a lawyer quickly once you decide on a course of action. I've seen clients who had stronger cases lose in the end because the other side was aggressive in Court and had their lawyer on a retainer immediately and filed before my client could finish "considering her options."
Answer
Litigation
New York
Don G.
ContractsCounsel verified
It depends on whether you are alleging your aunt breached the contract or if the contract is unenforceable. If you are alleging breach of the note, you would need to review the note to see if there is a clause setting which state's laws govern the agreement. That is the most likely state where your attorney needs to be able to practice law. If there is no such clause, you can hire an attorney in either state. If you are alleging the note was entered into is void because of fraud, misrepresentation, unclean hands, etc., you can hire an attorney in either state. All the best! - Don Galvez
Answer
Contracts
New York
Donya G.
ContractsCounsel verified
Hello, The answer to your question will depend on what your contract has stated as the law that will govern your contract. Somewhere in your agreement should be the words "this contracts is governed by the law of _____". If your contract says Montana, then you will need a Montana attorney. If the contract says New York, then you will need a New York attorney
19 projects on CC
People Also Asked
Contracts
Contract Agreement
Texas
Do any lawyers do home visit?
I'm in need of help from a contract lawyer to do a home visit that read and explain a contract before signing?
George O.
I often go to my clients if they are in Houston or the surrounding areas.
Read 1 attorney answer>Contracts
Contract Agreement
South Carolina
I sold my house but was never paid
To avoid foreclosure, I spoke with a contractor to flip my house for me. He would pay my mortgage until it sold then pay it off and keep the profit. I walk away with the mortgage company paid, but I was fouled. He isn't paying the mortgage after I signed the contract. I'm concerned he will be able to sell it now himself without the mortgage company ever being paid.
Christopher B.
There are many issues involved in this question. I would need to see the original deed and mortgage on your house plus the contract you signed with the contractor. The original mortgage almost certainly had an acceleration clause stating that if you sold the property, then the full mortgage becomes due. Going after the contractor might be possible but other avenues would more likely be the better route to keep your house from being foreclosed. Will also need to see if your contract gives ownership to the contractor or just the right to sell on your behalf. Lots of additional questions that need documents to give you your options.
Read 1 attorney answer>Dispute
Contract Agreement
New York
Case
Do advise if your firm handles breach of contract / business litigation cases.
Donya G.
Yes, my firm handles breach of contract and business litigation issues. I am a New York attorney with over 20 years of legal and business experience. I have been a Judicial Clerk to a Civil Court Judge, a Hearing Officer with the City of New York and a Small Claims Arbitrator. I have also defended clients in AAA arbitration. If you you would to engage my services, you can contact me on the contracts counsel website and I would be happy to assist.
Read 1 attorney answer>Litigation
Contract Agreement
New York
Case
Do advise if your firm handles breach of contract / business litigation cases.
Nicholas A.
Yes I do! If you need any assistance, you can visit my website and schedule a free consultation. I can answer any of your questions, provide you with a plan of action, and help you decide whether my firm is right for you.
Read 2 attorney answers>Business Contracts
Contract Agreement
New York
Which law is applicable in moving art piece?
I am moving one art piece from ny to utah and wanted to write a conisgnment agreement, which under which state is the contract enforacble?
Jane C.
It depends on the terms of the contract. You can stipulate in the contract which state's law you would like to apply. Laws relating to bailments or the UCC would apply.
Read 1 attorney answer>
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewAsk a Question
New York Contracts lawyers by city
- Albany Contracts Lawyers
- Buffalo Contracts Lawyers
- New York Contracts Lawyers
- Rochester Contracts Lawyers
- Syracuse Contracts Lawyers
- Yonkers Contracts Lawyers
Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
View Trustpilot Review
I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.
View Trustpilot Review
I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.
View Trustpilot Review