Legal Question in Credit and Debt Law in Illinois

Does "parties herto consent to jurisdiction on any lawsuit arising from this note in the state of California" mean that if I take a company to court for money owed by them on a promisary note that I have to travel from my state to California, or does it mean that it can be taken up in my State, and we just have to go by Californias laws ? .. both parties who signed this note reside in Illinois, but the person who signed it from their side, has an office here in Illinois, and their main office is in California, he is partial owner but resides and operates for them here ?


Asked on 1/26/10, 9:47 pm

1 Answer from Attorneys
Stephen Messutta

Generally it gives either party the right to bring the case in California. It's really so if you default the lender who resides in California can sue YOU in California for his convenience, and then come after you here. If going to California to sue the lender is a hardship for you and it is an Illinois transaction, you can sue in Illinois. As to what law controls, if it was an Illinois transaction normally Illinois law controls. But you must look at the TOTAL loan papers; there may be other things involved, and if you're unable to make the pieces fit, time to see an attorney.

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Answered on 2/05/10, 3:32 pm


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