§ 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.

Legislative History

(P.A. 02-81, S. 8.) History: P.A. 02-81 effective July 1, 2003.