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Richard, Attorney
Category: Business Law
Satisfied Customers: 55608
Experience:  32 years of experience practicing law and a businessman.
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I live in Alabama. If I signed a sales contract selling my

Resolved Question:

I live in Alabama. If I signed a sales contract selling my company's software (source) to a company that is located in New York state and the contract says "Governing Law. this agreement shall be deemed to be a contract made under the laws of the State of New York and for all purposes shall be construed in accordance with the laws of the state of New YorK."

The company that bought my software paid as agreed for 8 months and now with 3 monthly payments left they are refusing to pay.

Can I seek an injunction in a Alabama court requiring the company to hold all monies now being collected and deposited into their account until we decide this matter in court OR am I required to file an injunction in the state of New York.

There is no mention in the countract anywhere concerning arbitration or any other mention
of applicable jurisdiction other that the sentence above.
Submitted: 8 years ago.
Category: Business Law
Expert:  Richard replied 8 years ago.
If the contract simply says New York law applies, but does not address jurisdiction or venue, then you can seek your injunction in Alabama, which would then apply New York law.   The other side may seek to remove your case to New York based on the choice of laws, but absent a specific contract provision requiring jurisdiction and venue in New York, a reasonable judge should allow you to maintain your action in Alabama.

I hope this has given you the guidance you were seeking. I wish you the best of luck!

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
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Customer: replied 8 years ago.
Is it possible to file an injunction request yourself or do you have to use an attorney. I have no problem using an attonry, however, I only have $600+ in my checking account and a month of bills in front of me.
Expert:  Richard replied 8 years ago.
I understand your concern, but unfortunately you are most likely going to need the aid of an attorney to file your injunction. If you are limited on funds, I would suggest contacting either your local legal aid clinic or going to your local law school for assistance. Good luck to you!
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