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.

Ramsey T.

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November 3, 2020

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."

Don G.

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March 1, 2021

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

Donya G.

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July 11, 2020

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