cjtx Posted February 24, 2007 Report Share Posted February 24, 2007 I just realized action against me was filed in a different, nearby county.Is this enough to request a change of venue?If I win the motion for change of venue, will the OC's attorney be able to claim the original filing date, instead of the new one, which by now will be past SOL? Link to comment Share on other sites More sharing options...
CreditLawGuru Posted February 24, 2007 Report Share Posted February 24, 2007 you can make a motion to change venue based on lack of Personal Jurisdiction of the neighboring court. it you are succesful, the original filing date stands, because the case is just being moved, but it's still the same case. i'm not sure how you would get it, but if you can get the case dismissed for lack of jurisdiction so that the plaintiff would have to re-file, then that would put the new case beyond SOL. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted February 24, 2007 Report Share Posted February 24, 2007 Venue and Jurisdiction are two different things. If the court in which you were sued covers your county, it may be proper. If it is a lower court, it may not have jurisdiction over you. That is a defense you must raise. You move to dismiss not for change of venue. If it is a court of general jurisdiction which sits in your county as well, you can move for change of venue if it is inconvenient for you or witnesses to be in teh other county. Changing venue simply moves teh action from one place to another. If you get a case dismissed for personal jurisdictional grounds, teh SOL may or may not be tolled, depending on your state law Link to comment Share on other sites More sharing options...
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