Friday, 20 February 2015

I live in NY. Sold shares of private company based in NJ to a friend who lives in PA. Which state court I goto in case of nonpayment

Question

I live in NY. Sold shares of private company based in NJ to a friend who lives in PA. Which state court I goto in case of nonpayment



Answer

Both New York and Pennsylvania have jurisdiction, but you may want to use Pennsylvania, because collection could be easier.



Answer

I agree with David - always easier to recover if judgment is from State in which defendant lives.



Answer

David and Walter almost said it all, and they are most likely absolutely correct. However, that written contract for sale may contain a choice-of-forum clause and other jurisdictional claptrap. You should show that contract to your attorney and get his/her advice about where to sue in light of the provisions of the contract.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.



Answer

I would sue in PA.

Mike.



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