QUESTION
Can NJ Corporation with no foreign registration in TX file suit in TX court agains its TX customer for breach of contract that has TX as governing law
Asked on Aug 26th, 2013 on Breach of Contract - Texas
More details to this question:
We are NJ Corporation. We have business agreement with TX based customer and agreement states TX as law of governance. We have not acquired foreign qualification in state of Texas. Can we file a suit in state of Texas against our TX customer for agreement breach?
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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Yes, you may sue in Texas against your customer for breach of contract through an licensed Texas attorney. Because your customer lives in Texas, a Texas court has jurisdiction over him or her. The facts giving rise to the lawsuit (whatever the contract relates to) should also have occurred in Texas to some degree. Another option is for you to sue the customer in federal court because of diversity of citizenship (you live in different states, so the federal court is neutral territory to resolve your dispute).
Answered on Aug 27th, 2013 at 11:04 AM