TheRoadBack Posted August 7, 2010 Report Share Posted August 7, 2010 I have been served for two alleged cc accounts with same creditor. They filed in county court but since alleged damages are over $15k it should be in circuit civil not county. Where can I find the statute or law pertaining to this so I can file a motion to dismiss based on wrong court or venue? Thank you in advance for your replies! They are greatly appreciated! Link to comment Share on other sites More sharing options...
TheRoadBack Posted August 8, 2010 Author Report Share Posted August 8, 2010 anybody? Help...........Please. Link to comment Share on other sites More sharing options...
RebelLady Posted August 8, 2010 Report Share Posted August 8, 2010 http://www.floridacivpro.com/You need to start here...with the Florida Rules of Civil ProcedureRL Link to comment Share on other sites More sharing options...
RebelLady Posted August 8, 2010 Report Share Posted August 8, 2010 Florida Rules of Civil Procedure1.140 Defenses( How Presented. Every defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a cause of action, and (7) failure to join indispensable parties. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued shall be stated specifically and with particularity in the responsive pleading or motion. Any ground not stated shall be deemed to be waived except any ground showing that the court lacks jurisdiction of the subject matter may be made at any time. No defense or objection is waived by being joined with other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert any defense in law or fact to that claim for relief at the trial, except that the objection of failure to state a legal defense in an answer or reply shall be asserted by motion to strike the defense within 20 days after service of the answer or reply. Link to comment Share on other sites More sharing options...
RebelLady Posted August 8, 2010 Report Share Posted August 8, 2010 http://www.flcourts.org/courts/bin/Jurisdiction_chart.pdfThere's also a chart at the website above that will help you to determine which court has jurisdiction over your case...RL Link to comment Share on other sites More sharing options...
Prosay Posted August 8, 2010 Report Share Posted August 8, 2010 I have been served for two alleged cc accounts with same creditor. They filed in county court but since alleged damages are over $15k it should be in circuit civil not county. Where can I find the statute or law pertaining to this so I can file a motion to dismiss based on wrong court or venue? Thank you in advance for your replies! They are greatly appreciated!Google: law of voids Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted August 8, 2010 Report Share Posted August 8, 2010 This would be lack of jurisdiction over the subject matter Link to comment Share on other sites More sharing options...
Prosay Posted August 8, 2010 Report Share Posted August 8, 2010 I have been served for two alleged cc accounts with same creditor. They filed in county court but since alleged damages are over $15k it should be in circuit civil not county. Where can I find the statute or law pertaining to this so I can file a motion to dismiss based on wrong court or venue? Thank you in advance for your replies! They are greatly appreciated!Google""Law of voids" also "Law of Voids/your state Link to comment Share on other sites More sharing options...
TheRoadBack Posted August 9, 2010 Author Report Share Posted August 9, 2010 Thank You! Time to file a motion to dismiss based on lack of jurisdiction over the subject matter. I appreciate all of your help! Link to comment Share on other sites More sharing options...
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