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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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Can lack of financial standing (for example, having huge credit

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Can lack of financial standing (for example, having huge credit card bills), be used as an argument for forum non conveniens? This is concerned with an action where I am the defendant in NY, and me trying to move it locally to CA. Having to litigate it in NY would be really expensive and would proof of lack of finances help tip the scale to dismiss the action in NY on those grounds?

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, financial conditions play a very small part in such an argument. The courts do not focus on expense, they instead focus on which state or jurisdiction has the strongest interest in the case. As a consequence I do not see this as a very strong argument if NY is the natural locale for where the cause of action took place.

I am sorry.

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