Sec. 42-397. Limitation on choice of law and venue. - Connecticut Statutes

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Statutes > Connecticut > Title42 > Chap743aa > Sec42-397

      Sec. 42-397. Limitation on choice of law and venue. (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.

      (P.A. 02-81, S. 8.)

      History: P.A. 02-81 effective July 1, 2003.

State Codes and Statutes

Statutes > Connecticut > Title42 > Chap743aa > Sec42-397

      Sec. 42-397. Limitation on choice of law and venue. (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.

      (P.A. 02-81, S. 8.)

      History: P.A. 02-81 effective July 1, 2003.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title42 > Chap743aa > Sec42-397

      Sec. 42-397. Limitation on choice of law and venue. (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.

      (P.A. 02-81, S. 8.)

      History: P.A. 02-81 effective July 1, 2003.