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Moving mid-court-case, how to handle?


ppp
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Ok, so as some of you know I'm involved in a couple of cases in their initial phases. One I still have 20 days to respond to, and the other has an initial pre-trial meeting scheduled for November 1.

Problem is, I'm moving over an hour away to just outside Boston.

The question is - how do I need to handle this? I presume I need to notify the court somehow that I've moved. Should I also apply for some kind of venue change? I like the court down here near Cape Cod, but it would be decidedly inconvenient to drive all the way down here. Of course, that's an advantage, since the lawyers are Boston-based, and less likely to appear down here in person.

Thoughts?

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I would first file for a Continuance and then for a Change of Venue. This is if you decide it is best for you to appear in the new court. An hour doesn't seem far if you feel comfortable with the area you are in. The lawyers who don't wish to travel to the new location can ask to appear by phone. The judge would more than likely permit it since you were the one who moved.

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I would first file for a Continuance and then for a Change of Venue. This is if you decide it is best for you to appear in the new court. An hour doesn't seem far if you feel comfortable with the area you are in. The lawyers who don't wish to travel to the new location can ask to appear by phone. The judge would more than likely permit it since you were the one who moved.

You misunderstand. I'm moving into the Plaintiff's lawyers' home court! They will undoubtedly appear if I change venue to the new location, but might not take the leisurely hour+ drive in Cape traffic to the old location.

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I never liked going into the lion's den either. Let me explain what I understand and my answer. You point out what I don't understand.

Original post by: ppp

I presume I need to notify the court somehow that I've moved.

If you want to move the action to another county, yes. If you haven't decided as to whether or not you will or won't then you should ask for a continuance. A 1st continuance is generally given to either party.

I'm moving into the Plaintiff's lawyers' home court! They will undoubtedly appear if I change venue to the new location, but might not take the leisurely hour+ drive in Cape traffic to the old location.

So the Plaintiff filed a claim against you in Cape Cod. The Plaintiff's lawyer lives in Boston. You don't think the Plaintiff's lawyer will come to Cape Cod to pursue the claim. You are moving to Boston. If a Change of Venue is granted to Boston the Plaintiff's lawyer will pursue the claim because the lawyer resides in the general area of Boston.

If the lawyer does not show up in Cape Cod to represent the Plaintiff, the Plaintiff's claim will be dismissed by the Court.

It seems to me that you are looking to choose between (1)traveling through undesirable traffic one time and having the claim against you dismissed and (2) not going through undesirable traffic and finding yourself, as I said, in the lion's den.

I'd go for the undesirable traffic. I would not file for a Change of Venue. I would go to the same court one time and have the claim dismissed.

You may have to venture the traffic more than once. The lawyer could ask for appearance by phone if it is allow by your state's Rules. The lawyer could ask that the evidence it has already presented to the Court be allowed to represent their case.

You should, in any event, inform the clerk of court and the Plaintiff of your new address so that you will continue to receive documents concerning the action.

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  • 2 weeks later...
I never liked going into the lion's den either. Let me explain what I understand and my answer. You point out what I don't understand.

Original post by: ppp

If you want to move the action to another county, yes. If you haven't decided as to whether or not you will or won't then you should ask for a continuance. A 1st continuance is generally given to either party.

So the Plaintiff filed a claim against you in Cape Cod. The Plaintiff's lawyer lives in Boston. You don't think the Plaintiff's lawyer will come to Cape Cod to pursue the claim. You are moving to Boston. If a Change of Venue is granted to Boston the Plaintiff's lawyer will pursue the claim because the lawyer resides in the general area of Boston.

If the lawyer does not show up in Cape Cod to represent the Plaintiff, the Plaintiff's claim will be dismissed by the Court.

It seems to me that you are looking to choose between (1)traveling through undesirable traffic one time and having the claim against you dismissed and (2) not going through undesirable traffic and finding yourself, as I said, in the lion's den.

I'd go for the undesirable traffic. I would not file for a Change of Venue. I would go to the same court one time and have the claim dismissed.

You may have to venture the traffic more than once. The lawyer could ask for appearance by phone if it is allow by your state's Rules. The lawyer could ask that the evidence it has already presented to the Court be allowed to represent their case.

You should, in any event, inform the clerk of court and the Plaintiff of your new address so that you will continue to receive documents conerning the action.

Thank you. In retrospect, I understood your first answer. My bad!

I shall file a continuance, in no way am I ready to deal with this November 1. I presume sample continuance requests are online here stickied somewhere?

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You are the defendant in each of these?

UNder the FDCPA, the venue is based on your residence, so a change of venue is proper if you move.

Ahh ok then. I file a continuance and a change of address... does the venue change automatically or need I file that as well?

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I would definately send notice of new address to the clerk of court and to the Plaintiff. A simple letter to each should suffice.

You would file a continuance if you thought you needed more time. This you would file with the clerk and send a copy to the Plaintiff. You should specify the amount of time you need, 30 60 or 90 days are common. You would be asking the Court for permission. It is unlikely the Court would deny a request for the first continuance.

As far as the Motion for Change of Venue...I thought you really didn't want to change the venue you were in. If this be the case then you would not file this motion.

Ask for ample time and make good use of the continuance. The next one may be harder to get.

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I would definately send notice of new address to the clerk of court and to the Plaintiff. A simple letter to each should suffice.

You would file a continuance if you thought you needed more time. This you would file with the clerk and send a copy to the Plaintiff. You should specify the amount of time you need, 30 60 or 90 days are common. You would be asking the Court for permission. It is unlikely the Court would deny a request for the first continuance.

As far as the Motion for Change of Venue...I thought you really didn't want to change the venue you were in. If this be the case then you would not file this motion.

Ask for ample time and make good use of the continuance. The next one may be harder to get.

Thank you very much for these plain answers! I will let you know how it turns out.

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  • 7 months later...

Ok it's been months but...

The case was dismissed because the plaintiff's lawyer didn't show up. Yay!

However, it was NOT dismissed with prejudice. BOO!

However, the plaintiff's lawyer is now willing to work out something very favorable with me. Yay!

But apparently they want to try to intimidate me in addition to working something out, because they've filed a "motion to vacate judgment of dismissal".

What's my next step here? I'm still trying to negotiate with these people in good faith (let's face it, I do owe an initial debt here, and I'd like my credit cleaned up) but they're being a-holes.

Can they get the case re-opened? I suspect they're trying not only to intimidate me but to save themselves the filing fees for a new case.

It has now become even harder for me to get down to Cape Cod - I've taken a new job downtown, and have ZERO time off accrued. I know, it sounds like I'm just being a whiner, but if I'm going to drive anywhere or actually GO to a courthouse I want to have a FIRM action plan and a good chance of coming out on top!

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Have they ever given you any documentation to back up their claims from the first case?

Are you kidding? *ahem* No, no they haven't. They have submitted nothing but a supposed account number. Then again, I never hit them with full interrogatory, it never went that far because they failed to show for the first case management conference.

Between you and me, the original debt is legitimate. The amount they're asking for is of course not legitimate, and it's unclear how much they can prove, but probably "not much".

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Well if they never provided any documents with case and nothing was ever filed with the case then i think you should be able to file something with the court objecting to their motion to vacate based on the fact that not only didn;t they show up but that they showed any information backing up their claim. Hopefully someone else on here with more legal experience can help out with this, but i am pretty sure you can file something right back at them requesting that their request is denied. Anyone else's thoughts?

And here is my thoughts on whether or not the debt is legit. Who cares. We have all had bad times in our lives and made bad choices and things didn't go the way we had hoped. It doesn't make us bad people. These people have rules they are supposed to follow just like us. If they bought a debt from someone then they knew the risks involved with such a transaction. If you dont HAVE to pay them, then i say dont do it until some court or other entity says you must. Just my feelings on the subject. If they want to play nice and legitimately work with me on a solution then i will listen and negotiate in good faith. If they want to play stupid and try all the games they try, well then sorry buddy, your playing with the wrong person.

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Well if they never provided any documents with case and nothing was ever filed with the case then i think you should be able to file something with the court objecting to their motion to vacate based on the fact that not only didn;t they show up but that they showed any information backing up their claim. Hopefully someone else on here with more legal experience can help out with this, but i am pretty sure you can file something right back at them requesting that their request is denied. Anyone else's thoughts?

And here is my thoughts on whether or not the debt is legit. Who cares. We have all had bad times in our lives and made bad choices and things didn't go the way we had hoped. It doesn't make us bad people. These people have rules they are supposed to follow just like us. If they bought a debt from someone then they knew the risks involved with such a transaction. If you dont HAVE to pay them, then i say dont do it until some court or other entity says you must. Just my feelings on the subject. If they want to play nice and legitimately work with me on a solution then i will listen and negotiate in good faith. If they want to play stupid and try all the games they try, well then sorry buddy, your playing with the wrong person.

What he said. :)

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Well if they never provided any documents with case and nothing was ever filed with the case then i think you should be able to file something with the court objecting to their motion to vacate based on the fact that not only didn;t they show up but that they showed any information backing up their claim. Hopefully someone else on here with more legal experience can help out with this, but i am pretty sure you can file something right back at them requesting that their request is denied. Anyone else's thoughts?

And here is my thoughts on whether or not the debt is legit. Who cares. We have all had bad times in our lives and made bad choices and things didn't go the way we had hoped. It doesn't make us bad people. These people have rules they are supposed to follow just like us. If they bought a debt from someone then they knew the risks involved with such a transaction. If you dont HAVE to pay them, then i say dont do it until some court or other entity says you must. Just my feelings on the subject. If they want to play nice and legitimately work with me on a solution then i will listen and negotiate in good faith. If they want to play stupid and try all the games they try, well then sorry buddy, your playing with the wrong person.

Well, see my thoughts on the matter are that I have two goals. One is to avoid a judgment on my credit report, obviously. The other is to remove the collection account on my credit report. What does it take to do the latter? Either a judgment FOR ME, or... ? Does a dismissal with prejudice get me any ground with Equifax et al?

I'm thinking of asking for a dismissal with prejudice. Essentially "hey they didn't show up they've never shown anything and they're suing me in the wrong court (since I now live nearly 2 hours away), please ignore their motion and by the way can you dismiss WITH prejudice so they can't keep pestering me" only worded appropriately.

Or does getting it off the credit report require me to either WIN or negotiate with them?

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