getting a lawsuit thrown out of AR and into a TX court, motion and procedures

Business: I am being summoned to court in Arkansas for breach of contract for a business I invested in. The person suing me is residing in Arkansas. However, the business I invested in is in Texas. I found out that there was a lien against the business inventory of the prior owner that is why I want to countersue her. Is it possible to get the case thrown out of Arkansas and placed in Texas court since that is where the business was located?

Thanks!
Answer this question Add to list

Answers (3)

Dennis Andrew Chen

Dennis Andrew Chen Avvo Pro

Contributor Level 7
There are a number of factors that could play a part in a determination whether venue is proper in Arkansas. Did you sign a contract that had a clause which selected Arkansas as the appropriate venue for litigation (venue selection clause)? Is there a provision in Arkansas law or procedure that allows a resident to sue you there? Was all paperwork completed and signed in Arkansas? Did you sign the contract then sent it to Arkansas for the other person to sign it there before the contract was final? This list of possibilities is not exhaustive. The only way to know if you can get out of the Arkansas litigation and litigate the matter in Texas is by having an attorney review the documents, summons and complaint. You need an attorney now.
0 0
Theodore C Schultz

Theodore C Schultz

Contributor Level 3
You need the advice of a lawyer (and, for the record, communications with lawyers on this website does not constitute "legal advice," nor does it create an attorney-client relationship).

The short answer to your question is that yes, it may be possible that the case could be thrown out of Arkansas and placed in Texas. Among the possibilities: the case is removed to federal court and transferred; the case is dismissed in Arkansas for forien non conveniens; a countersuit is filed in San Antonio and an anti-suit injunction freezes the arkansas litigation (although this is unlikely); the case is forced into arbitration; the case is dismissed in Arkansas for lack of personal jurisdiction.

Determining whether it would actually be possible to dismiss the Arkansas case and force the case to be refiled in Texas would require a great many more facts. For example: a lawyer will need to know what were the terms of the contract between you and the other party? The contract may contain a mandatory venue clause which would determine where the suit must be brought. Your lawyer also will want to know what connection you have to Arkansas -- it may be that the Arkansas court does not have jurisdiction over you.

In sum, you need to sit down with a commercial or business litigation attorney in San Antonio, Texas and have them review your case to determine the next steps. Virtually any business litigator will be willing to review your lawsuit immediately and give you an opinion on what next steps you should take (many will not even charge you for the initial visit). A good business litigator will be able to tell you very quickly what steps you can take, and also will tell you whether you need a primary attorney in Arkansas, a local counsel in Arkansas working under the Texas attorney, or whether the Texas attorney can handle the matter himself (which might be possible, if the case is removed to federal court then transferred from Arkansas to Texas).


0 0
Benjamin Kirke Sanchez

Benjamin Kirke Sanchez

Contributor Level 4
You can file a plea to the jurisdiction without filing an answer and have the jurisdiction issue decided first. If you file an answer, you could possibly lose your right to object to the jurisdiction. Be careful and consult an attorney!
1 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.