Sued in a county where I never lived, while I reside outside US

[ebd1]

I have just been sued in a Florida XX county Civil Court for a CC debt over 30k, Plaintiff is a major intl. bank based in ND.

My answer to the summons is due on Aug. 9, however before filing it I want to have this lawsuit dismissed for lack of Personal Jurisdiction and / or Improper Venue etc.

For over 4 years now I live outside US, in South America to where I moved in Feb. 2006. I reside, pay rent, work, raise my kids, and pay taxes in this South American country, having visited US 3 times for the total of 45 days in 52 months.

Regrettably, I defaulted on this particular CC account in Jun. 2009 (having lived outside US for 3+ years already). ( I am making monthly contributions to a trust account of a debt resolution co. with intent of settling this and several other accounts in due time (2 years and a half) however this particular bank filed the lawsuit NOW, summons served a few days back.)

I have had this CC since 1992 when I lived in Boston, and I did reside in Florida from 2002 to 2005, BUT I NEVER LIVED in the county I am being sued in.

Last year while visiting I opened a mailbox in that county next to my parents house (they forward important mail to me every so often), a UPS store box where summons was served and consequently forwarded to me by my parents. Never fiscally lived in the said county, never bought any property there, and never conducted business there.

The court summons shows clerk's seal, case number and reads the following:

=========================

CIRCUIT COURT, CIVIL, XX COUNTY , FLORIDA

(A MAJOR INTL. BANK STARTING WITH LETTER C), N.A. (Plaintiff)

Vs.

XXXXXX XXXXXX (me) (Defendant)

Plaintiff sues Defendant and alleges:

1. This is an action for damages in the amount of $XX.XXX,XX

2. The court has jurisdiction over the subject matter. The defendant's transactions, which are the subject matter of this lawsuit, occurred in said county and/or Defendant is a resident of said county .

COUNT I (ACCOUNT STATED)

3. Plaintiff re-alleges and reincorporates into this Count paragraphs one and two above.

4. Before the institution of this action Plaintiff and Defendant had business transactions between them and agreed to the resulting balance of$XX.XXX,XX.

5. Plaintiff rendered billing statements to Defendant seeking reimbursement for those payments; a copy of the final Statement showing the balance due is attached as Exhibit " A "; Defendant did not object to the statement

6. Defendant owes Plaintiff $XX.XXX,XX which is the balance due on the account.

WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of$XX.XXX,XX, together with costs, and such other relief as the Court may deem just and proper. ,-

COUNT II (MONEY LENT)

7. Plaintiff re-alleges and reincorporates into this Count paragraphs one and two.

8. Defendant owes Plaintiff $XX.XXX,XX, that is for money lent during Defendant's use of the credit account issued by Plaintiff to Defendant.

WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $XX.XXX,XX, together with costs, and such other relief as the Court may deem just and proper.

COUNT III (OPEN ACCOUNT)

9. Plaintiff -alleges and reincorporates into this Count paragraphs one and two.

10. Defendant owes plaintiff $$XX.XXX,XX that is due, according to the attached account. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of$$XX.XXX,XX, together with costs, and such other relief as the Court may deem just and proper . /

(STAMP SEAL WITH SIGNATURE)

NAME NAME, Esquire FBN XXXXXX NAME NAME , Esquire FBN XXXXX ADDRESS, TEL.

This is a communication from a debt collector. '-

================================

So,

1. Are there grounds for dismissal,

2. Lack of Personal Jurisdiction or Wrong Venue?

3. Do I simply write a letter to the judge requesting dismissal or do I have to file a Motion?

4. If I have to file a motion, do I file along with the answer or by itself?

Thank you in advance for any ideas, info and advice!

[Guest usctrojanalum]

lack of personal jurisdiction is pretty good unless someone in south america gave you a summons.

[ebd1]

So if lack of personal jurisdiction is the way to go, do I simply write a letter with a few copies of documents showing that I really DO live outside US for 4+ years, OR do I file a Motion to Dismiss?...

[Guest usctrojanalum]

Most jurisdictions (i'm only familiar with tri-state area) will alow you to do a motion to dismiss in lieu of an answer. In that motion you would put your proof of residence. I do not know if florida allows that, that is something more for like flalawyer to help you with. Or maybe a google search could help you.

Cheers