Must a promissory note colleciton hearing take place in the state in which it was executed?

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Must a promissory note colleciton hearing take place in the state in which it was executed?

I am a party on a promissory note signed jointly with another debtor. The debt is past due and the holder wants to sue me for the entire debt because the other signor is a relative of his. Furthermore the note was signed in FL, but his attorney is licensed in AL. I own property in AL and it is my guess they want to try and lien it post-judgement. Can this be heard in an AL court or must it be tried in FL?

Asked on May 27, 2011 under Bankruptcy Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  The lawsuit can be filed in either FL where the claim arose or AL where you live or in the state where the plaintiff lives.


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