Jonathan Lawrence asked 1 week ago
I asked a question in the comments section of a video on YouTube, thanks for your reply Parker. I plan to raise this issue with the court on Monday, but I have googled the evidence and even asked a lawyer on JustAnswer before I made the comment on your video about it. The lawyer on Just Answer told me yes, they can hear the complaint even though the Plaintiff's agreement states it is governed by the laws of South Dakota, where they (Citibank, N.A.) are. He said they just have to make sure they are using South Dakota law. They are not doing anything of the sort, I have not heard anything of the sort at all. The attorney they hired is not licensed to practice in S.D. either. I did research on him and he is licensed to practice in Wyoming, where I am. Google says the court is able to hear the complaint if it doesn't go against the us constitution. I have attached the ai overview on Google. I just need the evidence because this court has done significant harm to me in the past, they are crooked, and they will railroad right over me if given the opportunity. Thank you so much.
Yes, a civil court in one state can hear a complaint even if the agreement is governed by the laws of another state; while the court will apply the laws of the state where the contract is governed, the case can still be heard in the court where the lawsuit is filed, provided the court has proper jurisdiction over the parties involved.
Key points to remember:
Choice of law clause:
Contracts often include a "choice of law" clause which specifies which state's laws will be applied in case of a dispute, even if the lawsuit is filed in a different state.
Jurisdiction vs. Governing Law:
"Jurisdiction" refers to where the case can be filed, while "governing law" refers to which state's laws will be applied to decide the case.
Factors considered:
When deciding which state's laws to apply, courts will consider factors like where the contract was formed, where the parties reside, and where the majority of the contract's performance took place.
Example: A contract signed in California between a California resident and a New York resident might have a "choice of law" clause stating that New York law will govern the contract. Even if the California resident files a lawsuit in a California court, the court will still apply New York law to resolve the dispute.
Brian Parker Staff answered 1 week ago
Look at the Provision, it should say that even conflict of law rules don't apply and the governing law applies. At the very least and as your Answer Attorney states, still have to bring in the South Dakota law if you stay in the state you are in. That puts you in the same position as the attorney representing the plaintiff against you. You both know South Dakota law equally. Careful with AI-I get quoted absolute false stuff and cases from it. I use it as a verification or of a skeleton for the work I have to do. As you point out at the end, State application of the rules defends on where you are at. Hope that helps. But again, you can't be suing people for breach of contract when you are breaching the contract. Focus on the securitization of the debt too and make sure you have sent out the securitization letters. Good luck. BPP
Jonathan Lawrence
replied 1 week ago Thank you so much Brian! Looking at the provision here, the only thing it says about governing law is:
Federal Law and the law of South Dakota, where we are located, govern the terms and enforcement of this agreement.
Is this something I should be drawing up a motion or objection for, or should just contacting the court suffice?
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