For a breach of contract matter, if the defendant owes $50k and resides in New York and the plaintiff resides in California, which State must the plaintiff file the cause of action in order to recover money damages? And, is it best to retain an attorney in the State where the defendant lives or does it matter?
2 Answers from Attorneys
Whether the case is in California or New York can depend on a number of matters. Mostly, if the contract has a provision for Venue and Jurisdiction. The location of the Defendant is also a big factor in determining where it is heard. Be that as it may, it is generally best to get an attorney in the State where the matter will be heard.
What does the contract say pertaining to the choice of law / jurisdiction / venue?