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should I seek change of venue-can't answer summons from district justice


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Ok, i would appreciate any and all input on this matter... let me give you some facts!

1. Car financed thru Household was repo'ed in April 2005(involuntary)

2. Car sold at auction August 2005.

3. Letter from CA September 2005 demanding deficiency balance.

4. Sent DV request via CMRRR within the 30 day period(used the one from this site)

5. CA never responded.

6. Letter from attorney in November 2005, again asked for DV and they responded with a copy of the original note, but NO repo papers. They responded regular U.S. mail-no proof of delivery

7. November 2005-September 2006-NO ACTIVITY

HERE'S WHERE IT GETS INTERESTING!!

I received a certified letter on September 20, 2006 from the District Magistrate that handles the district where I live. This wonderful attorney has filed a civil complaint in District Justice’s office where the plaintiff states I owe them 7000.00 plus court costs. Since I cannot answer any questions and properly defend myself should I ask the court to transfer the case to the court of common pleas and have the opportunity to answer the summons. I found this case law for Pennsylvania stating that I can ask for a change of venue. The attorney probably just mailed the form in with the court fees. Can anyone give me any advice on this? Here is the case law link.

http://www.pabulletin.com/secure/data/vol33/33-29/1401.html

Thank you!

CHRIS

PS. The court date is november 2nd

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