Answer the following three (3) questions using these facts:
Sally is a resident of New York and she has filed a lawsuit against Roger who is a resident of Massachusetts. The basis of her claim is a contract dispute where she alleges Roger fraudulently represented to her the type and condition of antique furniture that she purchased at an auction that was held in New York. The antiques allegedly were found at an old home in Massachusetts. The exact amount of her requested damage amount is undisclosed but exceeds $200,000.00.
Sally may file her lawsuit in:
A trial court in Massachusetts
New York federal trial court.
Two of the answers included din this group are correct.
New York state trial court
New York appellate court
In order for Sally to bring her lawsuit in federal district court (ever) she must:
Only two of the above are correct statements.
The monetary damages exceed $75,000.
All of the above are correct.
A. Prove that diversity of citizenship exists and the amount of the claim exceeds $75,000
Roger and Sally live in different states
Assume, Sally prevails in her legal lawsuit and now is interested in collecting her damage award.
She had to collect the money right after the trial or she is out of luck
She may take her judgment and execute it either by attaching some property or a bank account or placing a lien against something in order to collect the amount she is owed.
If she can’t collect the money, she has to file an appeal.
Two answers are correct.
She must file another lawsuit in order to receive a garnishment.