Where do I File a my Civil Suit.

[Jenna Joan Singleton]

Yes, I have questions. My LLC is in Wyoming I live in California. I did a private money loan in my Company's name to a couple in Oklahoma. Without going into all the particulars, a promissory not was signed for a short term loan (10 days). The terms were really good. He ended up breaching the contract. I filed a civil suit in my County in CA. I had a case management conference in April. I asked for an extension because we worked out that he would have me paid in 60 days. We drew up another promissory note which he also breached. I have another case management conference on the 27th. This Wednesday! My question is, did I do wrong by filling in California? Is this going to be a huge problem? My promissory note says, "by the laws of California". I am so confused on if I am doing the right thing. I have gotten mixed answers from attorneys. Does anybody know???

[Jay Hinrichs]

Quote from @Chris Seveney:

@Jenna Joan Singleton

Do you have an attorney handling this?

I assume this is an unsecured note (no mortgage / deed of trust)

If it’s just the note and it says California it would first need to be done in California and they may say it should shift to state where debtor failed to perform.

Next time I recommend getting an attorney to draft docs as well because you probably should have included a confession of judgment which would have had you skip all this and get your judgment.

 Chris since you schooled me on the confession of judgement I am fairly certain those dont exist out on the west coast other wise i would have done them

I had a deal in OkC that we had to litigate little different but if the borrower is there and the use of the funds were there.. I think OKC is the venue.  

I know why some folks will want the note to be under a certain states jurisdiction.. it forces who ever is defending to come to you and its more convenient so U dont have to go to him for trial or depo's or whatever.. but then you get a CA.. judgement that you have to then port over to where ever they have assets.