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
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