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Lease Agreemeny Jurisdiction

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dipurple

Junior Member
What is the name of your state (only U.S. law)? New Jersey

I have a lease agreement that a New Jersey attorney obtained a default judgment against me. However, when I read the lease terms it states: "Consent to Colorado law, jurisdiction, and venue. This lease shall be deemed fully executed and performed in the State of Colorado and shakl be governed and construed in accordance with the laws thereof, and Lessee hereby irrevocably submits generally and unconditionally to the exclusive jurisdiction of the District Court of County Court of Larimer, Colorado. In the event either Lessor or Leasee brings any judicial proceedings in relation to any matter arising under this Lease Agreement, the parties further agree that such matters shall be adjuged or determined by the District or County Court for the the County of Larimer, Colorado. Lesee further agrees that service of process in any such action shall be sufficient if made by certified mail, return receipt requested, to the address of Lesee as set forth herein." Based upon my reading of this lease agreement term the judgment should have been initiated in Colorado and not New Jersey. Can I challenge the New Jersey default judgment on these grounds?
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? New Jersey

I have a lease agreement that a New Jersey attorney obtained a default judgment against me. However, when I read the lease terms it states: "Consent to Colorado law, jurisdiction, and venue. This lease shall be deemed fully executed and performed in the State of Colorado and shakl be governed and construed in accordance with the laws thereof, and Lessee hereby irrevocably submits generally and unconditionally to the exclusive jurisdiction of the District Court of County Court of Larimer, Colorado. In the event either Lessor or Leasee brings any judicial proceedings in relation to any matter arising under this Lease Agreement, the parties further agree that such matters shall be adjuged or determined by the District or County Court for the the County of Larimer, Colorado. Lesee further agrees that service of process in any such action shall be sufficient if made by certified mail, return receipt requested, to the address of Lesee as set forth herein." Based upon my reading of this lease agreement term the judgment should have been initiated in Colorado and not New Jersey. Can I challenge the New Jersey default judgment on these grounds?
I think you can, as long as that New Jersey attorney did not obtain the default judgment in a Colorado court.

Where is this property located anyway? Because if it's LOCATED in New Jersey, then it's POSSIBLE that the venue issue is decided by the laws of the state rather than by the agreement you signed. (You would need some feedback here from someone who is familiar with venue issues for New Jersey real estate matters to make that determination.)
 

dipurple

Junior Member
Lease Agreement Jurisdiction

The lease was for equipment to operate an automotive service center which was returned to the company. The agreement states venue is Colorado.
 

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