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What happens if you move out of state in the middle of lawsuit?


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Hi All,

I was wondering if anyone knew the answer to this question....

I am in Florida. I have been fighting my JDB for over a year and a half. The judge has been ( to put it briefly ) completely prejudiced against me as a pro se defendant.

I have argued several points that completely blow away the JDB's chain of assignment, yet the judge insists he has ( exact words ) "No problem with it".

IMO, the JDB could have produced a bill of sale / assignment written in crayon, and this judge would not have a problem with it... If I had a lawyer representing me this case would have been dismissed a year ago.

Enough venting...

Anyway, what would happen if I moved out of state while this case is still pending? And what would the court need to prove that I moved?

Just looking for some feedback. Thanks!

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I would think the court will still have jurisdiction over you, and it will be your responsibility to always show up in court when it was in secession. I would try and get before another judge, or at least get all you can for an appeal. Others will have better advice. Holler at BV80 or ColtFan.

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I would think the court will still have jurisdiction over you, and it will be your responsibility to always show up in court when it was in secession. I would try and get before another judge, or at least get all you can for an appeal. Others will have better advice. Holler at BV80 or ColtFan.

You could move for Summary Judgment If you have all the evidence you need. you would need to prove they have no standing. Florida caselaw has a lot of standing cases. If the judge is making bad rulings then find a reason to get the case to another judge. If not use caselaw to tie his hands and force him to rule with precedent.

also make him rule "on the record with a court reporter". Maybe file a counter claim?

Moving away will not save you and may give them the reason to rule for them if you miss court appearance. Maybe there is somewhere you can get an attorney to help you. If you are a veteran maybe one of the veterans organizations can refer you to an attorney.

several other organizations can help and may even file a counter claim to pay their fees.

I believe if you move during the case you could lose. Getting it removed to another judge may be easy. I think if you have good cause you can do it, or check the statutes for recusing a judge you may get one opportunity for recusal without a reason, I would check that.

Florida Rules of Judicial Administration

2.330. Disqualification of Trial Judges

(a) Application. This rule applies only to county and circuit judges in all matters in all divisions of court. (B) Parties. Any party, including the state, may move to disqualify the trial judge assigned to the case on grounds provided by rule, by statute, or by the Code of Judicial Conduct.

© Motion. A motion to disqualify shall:

(1) be in writing;

(2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualification;

(3) be sworn to by the party by signing the motion under oath or by a separate affidavit; and

(4) include the dates of all previously granted motions to disqualify filed under this rule in the case and the dates of the orders granting those motions. The attorney for the party shall also separately certify that the motion and the client’s statements are made in good faith. In addition to filing with the clerk, the movant shall immediately serve a copy of the motion on the subject judge as set forth in Florida Rule of Civil Procedure 1.080.

(d) Grounds. A motion to disqualify shall show:

(1) that the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge; or

(2) that the judge before whom the case is pending, or some person related to said judge by consanguinity or affinity within the third degree, is a party thereto or is interested in the result thereof, or that said judge is related to an attorney or counselor of record in the cause by consanguinity or affinity within the third degree, or that said judge is a material witness for or against one of the parties to the cause.

(e) Time. A motion to disqualify shall be filed within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the motion and shall be promptly presented to the court for an immediate ruling. Any motion for disqualification made during a hearing or trial must be based on facts discovered during the hearing or trial and may be stated on the record, provided that it is also promptly reduced to writing in compliance with subdivision © and promptly filed. A motion made during hearing or trial shall be ruled on immediately.

(f) Determination — Initial Motion. The judge against whom an initial motion to disqualify under subdivision (d)(1) is directed shall determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged. If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action. If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion.

(g) Determination — Successive Motions. If a judge has been previously disqualified on motion for alleged prejudice or partiality under subdivision (d)(1), a successor judge shall not be disqualified based on a successive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case. Such a successor judge may rule on the truth of the facts alleged in support of the motion.

(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may be reconsidered and vacated or amended by a successor judge based upon a motion for reconsideration, which must be filed within 20 days of the order of disqualification, unless good cause is shown for a delay in moving for reconsideration or other grounds for reconsideration exist.

(i) Judge’s Initiative. Nothing in this rule limits the judge’s authority to enter an order of disqualification on the judge’s own initiative.

(j) Time for Determination. The judge shall rule on a motion to disqualify immediately, but no later than 30 days after the service of the motion as set forth in subdivision ©. If not ruled on within 30 days of service, the motion shall be deemed granted and the moving party may seek an order from the court directing the clerk to reassign the case.

You may get trial moved up because you are moving but from what you say it doesn't look promising. I have never heard about transferring a case out of state, but as in all things there is always a first time.

Edited by Seadragon
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I'm wondering if this will fly, Sea, this is unchartered territory going after a judge in a small venue where they all stick together. The basis seems to be that a pro se does not like the Court's rulings. That's a tough one to crack. Sounds more like an appeal issue. This motion may be taken as sour grapes. You go after a judge, you better have your stuff together.

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Thank you very much SeaDragon...

Point taken Legaleagle...

Yes, I wish i had a tape recording of the hearings...

The JDB filed a bill of sale ( supposedly a copy of the original document ) with the filing of the complaint... this bill of sale was dated Sept 23, 2009. Then they filed the same exact document later on again... however, this supposed copy of the original bill of sale was dated March 11, 2010... Judge did not have a problem that JDB was producing bill of sales at will... Totally blew off my objection to this...

Also, this Plaintiff is a JDB twice removed...so, they had no contact with the original creditor.. They did, however, produce a bill of sale from the original creditor to the first JDB ( Plaintiff suing me is the second JDB to buy the debt ).

This first bill of sale has a scribble signature with no name signed by the original creditor, and I have repeatedly asked for proof of who signed on behalf of the original creditor which the Plaintiff has not provided... Judge has no problem with this... That's why I say... with this judge, you could show up in court with a bill of sale you just threw together with a crayon, and he does not care.

In addition, there is nothing on either bill of sale that can connect that bill of sale to my alleged debt... It could be a bill of sale for the judge's credit card debt for all anyone can tell.

Judge does not care about any of this.. he has ignored me... been very curt and dismissive and nasty...

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Moving out of state during the case simply means you have moved and changes nothing. You might catch a break (actually sounds like not for you) and they might let you do some very minor things by phone.

However, as far as the case goes, business as usual. I would however expect the other side to start turning the screws a little harder to get you to settle since they know you will have a tough time getting to court.

In other words what we do to CA and JDB all the time. Drag them all the way across the country to answer a lawsuit when we live across the street from the courthouse.

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Yes, I wish i had a tape recording of the hearings

Usually there is a court reporter taking testimony at any court hearing. My sister did this for 30 years. Check with the clerk of the court and see if there is a transcript available. Every time I appeared in court for oral arguments, the court reporter was right there staring at me to make sure he / she heard me correctly. Again, I strongly advise you to be very careful when challenging a judge. You must be on extremely solid grounds.

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