Jump to content

Lack of jurisdiction of non-parties to another pending suit


Recommended Posts

I started to doubt myself, so I decided to double check with someone more experienced.

I sued a CA for illegal collection activities, deceptive trade practices, fraud, IIED, etc., but the stupid JP judge dismissed the case for "lack of jurisdiction". She claims the other court in which only the OC and I are parties, has jurisdiction over this case.

A little background. I was sued by an OC. I answered, filed counterclaims and they backed down and dismissed their claims against me. Counsel for the OC was replaced to fight my counterclaims and during discovery, I found out it was actually a JDB/CA the one who hired an attorney to sue me and they pretended to be the OC so they could include their own affidavits, etc. and avoid hearsay challenges.

The CA was not a party to the suit whatsoever. The judge in that case granted OC's motion to compel arbitration and stayed the case until arbitration is resolved.

I wanted to try and see if a JP court could handle the case more quickly, so that is why I chose to go after the CA in toy court. I have another case against the debt collector attorney which is pending there too. Faster and cheaper... too good to be true.

My questions are:

1. Is the JP judge right stating that I have to file my claims in the other court where the case against the OC was stayed?

2. Does the statement "any court of competent jurisdiction" refer to the level of incompetence of the judge?

Link to comment
Share on other sites

I was supposed to win by default and she came up with this dismissal after my hearing on unliquidated damages.

I guess a writ of mandamus, or something similar is in order. Otherwise, an appeal of a JP case is a new trial in county court.

Link to comment
Share on other sites

The CA was not a party to the original suit. After the CA decided to dismiss the case, it kicked it back to the OC so they could defend themselves from my counterclaims.

I filed a motion for sanctions against the OC under state law for the equivalent of a federal Rule 11 violation, but it didn't get me anywhere. I had no way of knowing a CA was suing, but then by the time I had evidence, the OC had already become a real party and any original misrepresentations became moot.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.