Jump to content

Challenging Jurisdiction of GA court in debt collection


Recommended Posts

Hello - this is my first post and wanted to thank everyone for the valuable information I have found on this site so far!

My question (one of many) is how do (or can) I raise the defense of "Lack of Jurisdiction" since I am a FL resident but I am being sued by AMEX in GA since that is where i had my bills mailed and was served in GA?

Here are some relevant facts so far:

1) I filed an answer to the original complaint listing lack of jurisdiction as one of my Affirmative defenses stating "The alleged defendant does not reside in Fulton County and therefore the Court has no jurisdiction in this matter."

2) I have all docs to prove FL residency - Dr lic, primary residence, vehicle registration, income taxes, recent divorce decree.

3) I travel to GA often for a business project I have there. I use that address for mail as I have someone there to handle my mail while I travel often but it is not my residence.

4) I just received a Motion for Summary judgment since I did not get the Plaintiff's Interrogatories in time to reply within the 30 day window and they are now using my lack of response as admission to the debt etc. (More on that in a separate thread).

5)Other than my initial answer I have not filed anything to make them prove the original agreement etc (More on that in a separate thread)

So specifically, is there a motion to dismiss or something similar I should file to trump the M for Summ Judg due to the lack of jurisd? I have until 11/20/11 to file my response to the MSJ.

Thanks in advance!

Link to comment
Share on other sites

Guest usctrojanalum

Did you ever live in GA? Was the card opened in GA? Your issue is not clean cut because you might run into a problem if you were having your statements mailed to GA, provided a GA address etc etc

Link to comment
Share on other sites

Hello & thank you for your response. The card was not opened in Georgia, but in Florida. I never had GA residency. My only connection to GA is a real estate holding/investment which is the address to which the statements were mailed for 2 years (after I changed the mailing address from a florida address)

What do I need to do to turn that defense into an actionable item - do I ask for an oral argument on the MSJ? Do I file a motion to dismiss? Can I ask for Arbitration? If I file the motion/arbitration, how do I get it in front of the judge to actually rule on it?

Thank You!

Link to comment
Share on other sites

They bring suit in the JD where you currently reside, not where you used to reside. The venue is proper because you provided that mailing address to the creditor, they have no way to determine where you live other than what you provide. I would suggest petitioning the court for a change of venue and have the case transferred to where you live. This should not be a problem. Failure to respond to a complaint results is MSJ. Your response to the complaint was improper, "I don't live in GA" is not a valid defense, it is grounds for having the case dismissed or moved. Since you provided the address, I would suggest moving the case. Then you can concentrate on a defense that will work.

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.