hexed775 Posted March 20, 2011 Report Share Posted March 20, 2011 (edited) I got served by LVNV to appear in court, court is not in my resident county...can I get dissmissal for improper venue? Looking to buy some research time.Notice also had wrong address on it has a unit #...but I own a house. Edited March 20, 2011 by hexed775 missed something Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 20, 2011 Report Share Posted March 20, 2011 Looks like it is a bit of a slow day on here, I think you posted on an earlier thread about this, don't worry things don't stay dead on here for long, you'll be in reciept of some good advice soon.Again I am almost positive, not positive enough to not want an affirmation by a more experianced member though,lol, that the suit can and should be dismissed because you live in another county. I am not sure whether or not you will have to provide proof (drivers license,ID,etc) of that or not, but I am pretty sure that is the case. Be sure you show up though to voice that fact.You should definatly use the time to start research, no doubt they will probably be quick to sue you in the county you live in. Not sure if you have to inform them of where you live or not, if you really wanted to buy some time you might ask the judge for discretion in informing the court where you live. If you are allowed to approach and show just the judge and not the JDB's lawyer where you live, you might then force them to try to find you. Myself I would just let them know where I lived as they would no doubt find me eventually, but if you need extended time it might be something to think about. I wouldn't think you would be under any obligation to tell them where you live, but I might be wrong on that. Good to know whether you have to or not so you know your right if the lawyer for the JDB wants to know.Hope you get some more insight on here on exactly what to do/what to say in court to get the possible dismissal on grounds of improper venue. Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 21, 2011 Report Share Posted March 21, 2011 Universally I believe if you don't file an answer without 30 days the other side takes a default. So be very wary of that. You need to know exactly what date is on the proof of service filed with the court. Find a local law library and begin your research. Go to the courthouse and do a case search to find out who has defended claims brought by this plaintiff. Link to comment Share on other sites More sharing options...
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