QUESTION
Can I bring suit in Texas for a broken contract signed in Indiana?
Asked on Jul 08th, 2013 on Breach of Contract - Texas
More details to this question:
My husband sold a small business in Indiana. He financed a loan to the buyer. In 2011 he died suddenly and I moved to Texas to live with my son. Now the buyer has broken the contract, defaulted on the loan and moved to Texas. Can I sue him in Texas or must we return to Indiana?
1 ANSWER
It depends on whether the buyer has sufficient "minimum contacts" with Texas to make him subject to its jurisdiction. Since the buyer now lives in Texas, he clearly has sufficient contacts with it to be sued there, UNLESS the agreement he had with your husband provided that Indiana (or some other venue) was the only place where contractual disputes could be litigated. Even then, the buyer may well waive that right, since a Texas litigation is more convenient for him as well as you.
Answered on Jul 08th, 2013 at 3:42 PM