Corporate law suit

What is the name of your state? SC

I had a small business that closed. I had a lease agreement on an advertising sign. I can not pay the lease payments and they are taking me to court. The agreement was made in North Carolina, but the Corporation is in Ohio and that is where the court will be held. Is there anything I can do to have the court moved to the orginal state. I can not afford to go to Ohio for court. I've contacted legal aid but they can not help because it is out of state. Any suggestions?

[HomeGuru]

Originally posted by Nancy Harlin
What is the name of your state? SC

I had a small business that closed. I had a lease agreement on an advertising sign. I can not pay the lease payments and they are taking me to court. The agreement was made in North Carolina, but the Corporation is in Ohio and that is where the court will be held. Is there anything I can do to have the court moved to the orginal state. I can not afford to go to Ohio for court. I've contacted legal aid but they can not help because it is out of state. Any suggestions?

**A: contact Legal Aid in Ohio.

SC Legal Aid sent my info on to Ohio. I contacted Ohio and they only gave me the name of an attorney. The attorney would charge $60 per hour, so that did not help.

[I AM ALWAYS LIABLE]

Originally posted by Nancy Harlin
SC Legal Aid sent my info on to Ohio. I contacted Ohio and they only gave me the name of an attorney. The attorney would charge $60 per hour, so that did not help.

My response:

Okay. So what would you like any of us to do?

Look, lady. You're the one who signed the contract. You're the one who benefited from that contract. And now, you're the one who can't pay for the contract that YOU signed.

You're going to lose the lawsuit because you can't pay. More than likely, you'll default on the lawsuit, and they'll come and take anything and everything you own - - bank accounts, wages, cars, jewelry, and anything else they can get their hands on.

So, why did you write to us? Did you think there was some sort of "magic law" or "Prince Charming" that would step in to save you? Would you like us to take up a collection for you? What?

IAAL

Sorry Nancy....wish I had some good advice to give you. Unlike I AM ALWAYS LIABLE, who apparently has never entered into any agreement/contract in good faith and had circumstances beyond his control prevent him from honoring it, many of us have been in your shoes. I am also sorry that you were given a sarcastic, nasty reply rather than something that might be remotely helpful. Hopefully someone else will reply to your question who truly wants to give helpful advice.
I wish you luck whatever the outcome.

nebulastar, it doesn't really matter the 'tone' of any advice because the legal fact is, this poster is going to have to either find a way to pay for the contract, declare bankrupty or skip the country without paying.

That's the legal certainty. This isn't "Dear Abbey" it's a legal forum. And no responsible person here is going to tell her anything else. Because the fact is, she signed the contract and is responsible for it.

Too bad her feelings got hurt. Because they will be hurt even more in front of a judge.

[Ladynred]

You might try to file a Motion for a Change of Venue, considering that it would be quite a hardship for you to go all the way to Ohio !! If its granted, you can have it moved to where YOU are.

One other thing - despite IAAL's terse answer, they can't take 'anything and everything you own', that's bullpuckey !

[I AM ALWAYS LIABLE]

[quote]Originally posted by Ladynred


You might try to file a Motion for a Change of Venue, considering that it would be quite a hardship for you to go all the way to Ohio !! If its granted, you can have it moved to where YOU are.

MY RESPONSE: First, this writer has already said she doesn't have a pot to piss in. So, who's going to write this supposed motion to change venue? Further, you really don't know what you're talking about because - -

Parties may by contract designate a forum in which any litigation is to take place. (For example, "Any litigation to enforce this agreement shall be instituted in Los Angeles, California, and nowhere else.") Litigation commenced elsewhere may be subject to dismissal for improper venue. [Carnival Cruise Lines, Inc. v. Shute (1991) 499 U.S. 585, 595, 111 S.Ct. 1522, 1528]

A forum-selection clause in a written contract may be prima facie evidence that personal jurisdiction is proper. Unless the forum chosen is shown to be unreasonable, defendant has waived any objection to venue and personal jurisdiction. (But valid service of process is still required.) [Kevlin Services, Inc. v. Lexington State Bank (5th Cir. 1995) 46 F.3d 13, 15]

Although the Miller Act requires that suits be brought in the judicial district where the contract was performed "and not elsewhere" (40 USCA § 270b(b)), this is simply a venue requirement that can be waived by a valid forum-selection clause. [United States For Use of B & D Mechanical Contractors, Inc. v. St. Paul Mercury Ins. Co. (10th Cir. 1995) 70 F.3d 1115, 1117]

I'm sure that the corporation has a "valid forum-selection" clause.




One other thing - despite IAAL's terse answer, they can't take 'anything and everything you own', that's bullpuckey!

MY RESPONSE: Wrong again. When she defaults, watch what happens - - because in the forum-selection clause, she has also agreed to Ohio laws being used - - and those are some of the toughest creditor laws in the country. Why do you think the corporation used Ohio laws for their forum-selection?


IAAL

[Ladynred]

IAAL - notice I said "MIGHT" ?????? Geez...

Since when does one HAVE to hire a lawyer to file a motion (re: paying out the nose !) ? Getting the proper format and procedures for filing a motion is NOT the legal voodoo you attorney's would have the lay public believe.