Legal Question in Credit and Debt Law in Nevada

Jurisdiction

I have a promissory note signed between myself and an individual (over $20,000). The individual lives in Nevada I in California. He flew here to sign the note and pick up the money. Now he is not paying, do I file suit in Nevada or California?


Asked on 1/23/09, 12:29 am

7 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Jurisdiction

It depends on where the note was entered into. There may be tactical reasons to consider also. In any event you may sue where he lives.

I have offices in Nevada and California, let me know if I may help.

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Answered on 1/23/09, 10:01 am
Joel Selik www.SelikLaw.com

Re: Jurisdiction

It depends on where the note was entered into. There may be tactical reasons to consider also. In any event you may sue where he lives.

I have offices in Nevada and California, let me know if I may help.

Read more
Answered on 1/23/09, 10:02 am
Joel Selik www.SelikLaw.com

Re: Jurisdiction

It depends on where the note was entered into. There may be tactical reasons to consider also. In any event you may sue where he lives.

I have offices in Nevada and California, let me know if I may help.

Read more
Answered on 1/23/09, 10:02 am
Joel Selik www.SelikLaw.com

Re: Jurisdiction

It depends on where the note was entered into. There may be tactical reasons to consider also. In any event you may sue where he lives.

I have offices in Nevada and California, let me know if I may help.

Read more
Answered on 1/23/09, 10:02 am
Joel Selik www.SelikLaw.com

Re: Jurisdiction

It depends on where the note was entered into. There may be tactical reasons to consider also. In any event you may sue where he lives.

I have offices in Nevada and California, let me know if I may help.

Read more
Answered on 1/23/09, 10:03 am
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Jurisdiction

Neither attorney gave you a practical answer. If you sue in California, you get a judgment and if he has no assets in California, you have file for the foreign judgment in Nevada. If you sue in Nevada, you don't have to do that.

If you don't think he will defend the case in California but if you sue in Nevada, he will defend, sue in California because it is easier to get a default judgment in California and then file it in Nevada, than to fight a contested suit in Nevada.

I am licensed in both places if you need to hire an attorney. The above presumes that the note does not state where the lawsuit has to be filed.

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Answered on 1/24/09, 3:55 pm
Bryan C. Becker Your Lawyer for Life.

Re: Jurisdiction

You may sue here in California, as that is where the contract was executed. FYI, in this economic climate, we are advising clients to file suit to recover unpaid financial obligations as soon as possible.

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Answered on 1/23/09, 1:00 pm


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