Las Vegas, NV asked in Business Law, Civil Litigation, Contracts and Arbitration / Mediation Law for California

Q: can i change of venue if conditonal aggreemnt was mailed in diff county than fruadulent orig. contract was signed?

plaintiff=P, Defendants = D

P entered Fraud contract with D; D was aware of P Disability proceeded to misrepresent. P mate was confused by terms, mate was absent during signing F Contct. (P)s' Paid lease amount for 3Yrs fell on hardship asked for deferment loan comp. denied, this being the last red flag in a line of red flags P's Mate reviewed original contrct, finding D had fraudulently lied saying P made a down paymnt of 1000. to inflate a 23,000. to 68,000. at the end of payments, P also found arbitration clause but language ambiguous, P did research and decided on sending a conditional agreement, cert. notarized to all parties. as to stay honorable, and after having trying to communicate prior to learning of fraud. D didn't reply in time asked to nor provided info, two months later credit report says charge off, So not only did D not act honorably, information of vehicle labeled salvaged among other dishonor and misrepresentation, Does Plaintiff start civil suite in Appeals/fed &

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on your description, you've discovered potential fraud in your vehicle contract and sent a conditional agreement to address it. Since the original fraudulent contract was signed in one county, but you mailed the conditional agreement from another, you're asking about venue options for your civil case.

For cases involving contract fraud, you generally have several venue options: where the contract was signed, where the defendants reside or do business, or where a substantial part of the events occurred. If the fraudulent misrepresentation about the down payment and vehicle value occurred during the contract signing, the original county might be the most appropriate venue. However, if significant events (like payments or communications) happened in your current county, you might have grounds to file there.

Given the complexity of your situation - including disability-related misrepresentation, fraudulent down payment claims, inflated payment amounts, and issues with the arbitration clause - you should consider consulting with legal aid or consumer protection lawyer before filing. They can review your specific circumstances and advise on both venue selection and whether federal court might be more appropriate than state court, especially if there are consumer protection law violations or if the amount in controversy exceeds state court limits.

Steve A. Buchwalter agrees with this answer

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