Sec. 42-397. Limitation on choice of law and venue.
304 words·~1 min read·
/ct/title-42/chapter-743aa-consumer-leases/42-397·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The parties to a consumer lease may not choose the law of a jurisdiction unless it is a jurisdiction in which:
(1)The lessee principally resides when the lease is consummated;
(2)The lessee will principally reside within thirty days after the lease is consummated;
(3)The leased goods are to be used; or
(4)Subject to subsection
(b)of this section, the leased goods are physically received by the lessee.
(b)If the law chosen by the parties to a consumer lease under subdivision
(4)of subsection
(a)of this section is the law of a jurisdiction other than this state and the holder acts or initiates an action in this state to enforce rights arising from the lease against a lessee who is a resident of this state, the following rules apply:
(1)The holder's act or action is subject to sections 42-394 , 42-395 , 42-396 , 42-398 , and 42-399 and, except for a disclosure that would have been required by sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, to be made before the holder's act or action, to sections 42-408 to 42-415 , inclusive, and 42-418 to 42-423 , inclusive.
(2)The holder's act or action is subject to sections 42-424 to 42-431 , inclusive, if the holder's act or action violates a provision of sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, made applicable by this subsection.
(c)Notwithstanding any provision in a consumer lease, an action by a holder against a lessee to enforce the holder's rights under the lease must be brought in the venue of the lessee's residence.
(d)Notwithstanding any provision in a consumer lease, a lessee may maintain an action against a holder in any judicial forum that otherwise has jurisdiction over the holder.