I want to sue somebody for a breach of contract that is worth over 100 grand. That guy is already going through a big criminal case against the federal government (he's probably totally screwed - tax evasion). I know both federal court and state court will be appropriate here, but which one of these is better in light of his current situation? I should probably sue him while this investigation is going on right?
It could very well not be worth your time or money to pursue this. Putting aside the question of whether you can find an attorney to take this on a contingency basis, the length of time it could take to resolve the suit could exceed the time your fact pattern posits before the defendant will be incarcerated. It so, your judgement could be worthless. Of you really want to pursue this you should talk to an attorney very soon.
Do you and the (prospective) Defendant live in different States? Why do you say "I know both federal court and state court will be appropriate here?"
You should contact an attorney. Many more facts are needed.
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I recommend speaking with a civil attorney. You can search for one in your area via Avvo.
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It depends on a lot of factors. Often federal court can move faster, especially in
Brooklyn. If the other party is in a different county the state court may move faster. If it is a solid case and there are no disputed facts, state court might be better because you can move for summary judgment right after the answer is filed
If you've got a case potentially worth over $100,000, forget about getting random advice online and hire a good attorney to figure these things out for you.
Mr. Reibstein is a former New York City prosecutor and second-generation criminal attorney. Unless a formal letter of engagement or retainer agreement has been entered into by and between the reader and the attorney this answer shall not be construed as official legal advice on any specific facts or circumstances. Its contents are intended for general information purposes only. No attorney-client relationship has been created.
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