You are puzzled when you read the documents. You are being sued in the Commonwealth of Massachusetts in a court in Boston. You are someone who has lived in Georgia your entire life who has never set foot in Boston. You think it must be a mistake and feel confident your attorney in Georgia can easily sort it out.
Your attorney greets you at their office to review the lawsuit. Your confidence quickly gives way to panic when he or she relays to you the bad news. The attorney points out that on page 6 in paragraph 57 of the contract you signed that you agreed that any lawsuits between you and the other party must be filed in Boston and governed by the laws of Massachusetts. You instruct your attorney to immediately file an answer. You then receive a second shock. Your attorney cannot represent you in the case as they are not licensed to practice law there and are totally unqualified to advise you as to your rights as they are not familiar with the law in that state. However, they do offer to find an attorney in Boston to help you.
Next you speak to an attorney in Boston and receive your third shock. Boston is a lovely place to visit. It is rich in history and offers a plethora of delightful architecture and museums. However, it is also one of the more expensive locales in the country in which to do business in. Like the cost of real estate, the cost of legal services there is much higher than you are accustomed to. It matters not that you have excellent defenses to the lawsuit being brought against you, you still have to answer it. If you allow it to go into default with a judgment there, it can be domesticated and become a Georgia judgment. When filed of record in Georgia the judgment will act as a lien against any real property in your name. Your bank accounts can be garnished and other property you own may be levied upon to collect the debt.
Then think to yourself how in the world did you get into this predicament? The answer is obvious. You failed to have an attorney review the contract before you signed it. Just as in dentistry and automotive repair, preventative maintenance is a service lawyers provide. So be proactive, not reactive. Always have your lawyer review a contract BEFORE you sign it.
A contract may look simple, but it’s always a good practice to have a lawyer review any agreement before you sign it. Call the one you can trust. Contact Chris today … click here.
