VENUE...........by Steve Duhl 
Thursday, February 23, 2012, 11:40 AM
Posted by Administrator
The Professional Association (a version of a corporation) got a letter the other day from a collection agency. The collector claimed that we owed their client $900. Their client was ATT Advertising with which I have had a continuing dispute........I say they didn't give me what I was contractually entitled to. From what I can gather, ATT says (or, at least, implies) 'We're bigger than you, we can do what we want.' Really, they've agreed I owe nothing....but, corporate minds change (I guess).

This situation got me thinking about the contract. Not the attorney's fees provision that says that if we don't pay, they get their (presumably enormous) fees for collecting from us (the flip side if that, if they lose, we get our fees from them)... but, the VENUE provision of the contract that says, more or less: ALL LAWSUITS UNDER THIS CONTRACT WILL TAKE PLACE IN ALASKA. ..or whatever State they chose. After all, they wrote the contract and they didn't write it with an eye to making it easy for us to sue them. They want to make it easy for them to sue us.

Companies almost always limit lawsuits to a location of their choice. iScootPalmBeach (the scooter/electric bike company in which the writer has an interest)chooses Palm Beach County as venue for any lawsuits in it's contract. "Venue" is, simply, where the lawsuit is going to be. If a party to a contract filed a a lawsuit in S. Dakota and the contract says venue is Hawaii, the S. Dakota judge---when he or she is asked--will dismiss the case with instructions to the Plaintiff to pack a surfboard.

It is awfully, awfully inconvenient and expensive to have to sue or defend in some far off place. Still, we sign contracts every day agreeing to do exactly that.

I'm hoping ATTs' contract sets venue in Aspen, Colorado------something has to get me skiing again.
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