Where is Proper Venue in Federal / State Court

[Rexlan]

I am the Plaintiff and my legal domicile is in Alaska. I am presently living in Virginia but I do not claim it as my residence.

I entered into a land sales contract for property in Alaska with a party who lives in Georgia, Defendant. A verbal sales contract was made between the parties while they were both in Alaska. That contract was memorialized in writing when the parties returned to Virginia and Georgia. The Defendant signed the contract in Georgia, mailed it to the Plaintiff in Virginia where it was signed and returned to the Defendant in Georgia. This was done through the mail.

The Defendant subsequently broke the contract and now the Plaintiff must file an action to collect on the liquidated damages clause of the contract. The Plaintiff can bring the action in Alaska since it involves Alaska land; however, the court would probably remove it because neither of the parties are located there.

The amount in controversy is over $75,000 and there is diversity of citizenship. The Federal court has jurisdiction.

Questions:

1. Which Federal District Court can I file my action in … Virginia or Georgia?

2. Can I file (and maintain) an action if I file it in Virginia as opposed to Georgia, in a state court with proper jurisdiction?

My only question is of venue and I am obviously looking for the location most convenient to me.

Thanks for assistance

 

[Rexlan]

I am the Plaintiff and my legal domicile is in Alaska. I am presently living in Virginia but I do not claim it as my residence.

I entered into a land sales contract for property in Alaska with a party who lives in Georgia, Defendant. A verbal sales contract was made between the parties while they were both in Alaska. That contract was memorialized in writing when the parties returned to Virginia and Georgia. The Defendant signed the contract in Georgia, mailed it to the Plaintiff in Virginia where it was signed and returned to the Defendant in Georgia. This was done through the mail.

The Defendant subsequently broke the contract and now the Plaintiff must file an action to collect on the liquidated damages clause of the contract. The Plaintiff can bring the action in Alaska since it involves Alaska land; however, the court would probably remove it because neither of the parties are located there.

The amount in controversy is over $75,000 and there is diversity of citizenship. The Federal court has jurisdiction.

Questions:

1. Which Federal District Court can I file my action in … Virginia or Georgia?

2. Can I file (and maintain) an action if I file it in Virginia as opposed to Georgia, in a state court with proper jurisdiction?

My only question is of venue and I am obviously looking for the location most convenient to me.

Thanks for assistance

No one has any thoughts on this?

 

[meganproser]

I'll try to send you an e before the day is out. Just off the top of my head though, I'd say you should forget about filing in any court in VA. The defendant did nothing to avail himself of the jurisdiction of VA.

I think you are stuck with either Georgia or Alaska. I still think your claim belongs in the State Court in Georgia, rather than the Superior Court.

*Edited because I wrote VA where I meant Georgia!

 

[I AM ALWAYS LIABLE]

I am the Plaintiff and my legal domicile is in Alaska. I am presently living in Virginia but I do not claim it as my residence.

I entered into a land sales contract for property in Alaska with a party who lives in Georgia, Defendant. A verbal sales contract was made between the parties while they were both in Alaska. That contract was memorialized in writing when the parties returned to Virginia and Georgia. The Defendant signed the contract in Georgia, mailed it to the Plaintiff in Virginia where it was signed and returned to the Defendant in Georgia. This was done through the mail.

The Defendant subsequently broke the contract and now the Plaintiff must file an action to collect on the liquidated damages clause of the contract. The Plaintiff can bring the action in Alaska since it involves Alaska land; however, the court would probably remove it because neither of the parties are located there.

The amount in controversy is over $75,000 and there is diversity of citizenship. The Federal court has jurisdiction.

Questions:

1. Which Federal District Court can I file my action in … Virginia or Georgia?

2. Can I file (and maintain) an action if I file it in Virginia as opposed to Georgia, in a state court with proper jurisdiction?

My only question is of venue and I am obviously looking for the location most convenient to me.

Thanks for assistance

My response:

No, you're actually trying to complete a homework assignment. Do you have any idea how many students have written this same scenario, involving different States, on this this site? If you can't read your books, and pick up on the subtleties of the question, then you're studying the wrong subject. Try burger-flipping.

IAAL

 

[Rexlan]

I'll try to send you an e before the day is out. Just off the top of my head though, I'd say you should forget about filing in any court in VA. The defendant did nothing to avail himself of the jurisdiction of VA.

I think you are stuck with either Georgia or Alaska. I still think your claim belongs in the State Court in Georgia, rather than the Superior Court.

*Edited because I wrote VA where I meant Georgia!

I sort of agree ... was hoping to remove the case to Federal Court where they actually practice law instead of good ole boy local BS.

Looks like the FDC is still in the guys back yard tho.

Superior Court is correct ... not State Court .... trust me :>)

I returned your e-mail but it bounced.

RL

 

[Rexlan]

My response:

No, you're actually trying to complete a homework assignment. Do you have any idea how many students have written this same scenario, involving different States, on this this site? If you can't read your books, and pick up on the subtleties of the question, then you're studying the wrong subject. Try burger-flipping.

IAAL

Why don't you flip one of them there burgers up your .....nose.

If you can't be helpful just shut up and go bother someone else.

 

[Rexlan]

Closed

Not much help here.