QUESTION
I live in Michigan. The company I want to file a breach of contract against is in California. Can I retain a MI attorney or do I need a CA attorney?
Asked on Sep 29th, 2014 on Breach of Contract - California
More details to this question:
Breach of contract is against Timeshare transfer company. I have signed contract if they are unable to do what they promised I get my money back. They have not done anything that they promised. They were supposed to pay the maintenance fees for 2013 and 2014 which they did not pay. I ended up paying both with extra charges for late fees, interest, collection company charges. I was told my case was in litigation. The case was settled in May 2013 and that is when I found out my time share wasn't part of the litigation. Was told a person would contact me, which she did via email July 31, 2013 requesting all new paperwork; I responded Aug 1, 2013 saying I wanted to know what happened to my original paperwork before I send them my personal information again. I am still waiting for a response. I have contacted this company by email and phone without success. I have contacted the BBB and Attorney General of CA without much assistance.
1 ANSWER
From your question, it appears that a Michigan court would have jurisdiction over the defendant and you would be able to sue it in Michigan, which would obviously be better for you. However, you should review your contract to make sure that it doesn't contain any choice of forum provision which requires you to either sue or arbitrate in California or some other venue. If you can bring suit or commence arbitration in Michigan, you should probably retain a Michigan lawyer. If you have to sue or arbitrate in California, you should probably retain a California lawyer.
Answered on Sep 29th, 2014 at 12:47 PM