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I messed up; can this be salvaged?


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I've got a pretty weird situation going on here, and I know that I've messed up big time by burying my head in the sand and hoping it would go away. It hasn't, obviously...so the question is, what can I do at this point?

I have a court date for this coming Monday. The problem is, it is on the other side of the country! They (Cach, LLC) sued me in a city I moved away from 4 years ago, which is BS because everyone I've ever owed money to had my current address. However, since I did live there when I opened the account, I couldn't do improper venue.

Airfare would cost around $600, and I'd have to miss at least 2 days of work (unpaid). I can't afford either of those things; really, if I had any money, would I be in this situation to begin with??

And because I've been so freaked out and defeatist about this whole being sued on the wrong side of the country thing, I haven't dealt well with things I could have. Eg., I never answered discovery. I never asked them for discovery; they have provided exactly ZERO evidence that I owe them any money (and since they can't even figure out what time zone I live in, it seems unlikely that they'd be able to). Is it too late to do anything about these things?

I guess I'd just appreciate any advice about ANYTHING I can do at this point to improve this situation, or at least minimize how bad it's going to get. Help?

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I would call the court pronto. Ask for the judge's clerk or the judge. In the first place you should have been served where you live now!!! Did you answer the case? Call the court and tell them you don't live in that state and would like to ask that the judge handle your trial via a phone call and tell them you don't even live in that state, nor did you when you were served. Ask them what you can do and if you can put off the hearing for later time so that you can write a brief that this is the wrong venue to go to trial in. I hope someone here can help you write a brief and I hope the judge will extend your trial date so that you can either write it and present it via the phone or at a later date. My advice tho is for you to call the court asap and tell them you don't live in that state, nor did you when the case was served on you. I believe they need to serve you where you live.

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Thank you both for responding!

Chiquita, I was served at my mother's house, where I had mail forwarded for about a week, 4 years ago, while I was in the process of moving. She says she argued with the process server awhile about the fact that I don't live there, but he eventually convinced her to take it. Then he signed an affidavit of service claiming that she identified me as her "co-resident." Then she scanned/emailed it to me.

I answered because I was scared of summary judgment if I didn't, but maybe that was the wrong thing to do.

Anyway, thanks for your advice. I felt like I read someplace that you're not supposed to call the court, but at this point, what could it hurt?? Guess I'll try that tomorrow.

1stStep, I opened the account (and ran up the vast majority of the debt) while I was living in NY, which is where the lawsuit is. I live in OR now, though.

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You answered the suit and raised no issues about venue. In my opinion, you have conceded the court has jurisdiction over you. In other words, too late to use improper venue.

If you're going to lose anyway, I guess it could not hurt to call the court. I would not expect they will do anything, but it's not like it can really hurt. What do you have to lose.

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