Jump to content

A lawsuit far, far away


Recommended Posts

I was served a lawsuit in Texas and the courthouse is well over the 150 mile limit from my home where I was served. I have not gone to an attorney yet. I am trying to determine if I can file a motion to dismiss (or other) since I'm not going to be able to defend the case that far away. Is there a simple filing I can do before paying an attorney?

Link to comment
Share on other sites

Jurisdiction depends on a couple of things - was the court near where you entered into the agreement, or is it closest to where you live now?

Many times, you can call the court, give them your address and ask if this is the correct venue. If not, then you can file a motion to dismiss for incorrect venue.

Depending on who is suing you, you may also have an FDCPA violation for being sued in the wrong jurisdiction - but it only applies to a collection agency, junk debt buyer, or the attorney who filed suit.

Link to comment
Share on other sites

The case was filed in the county I used to live in, where the agreement was signed over ten years ago. My ex-wife still lives there. However, I have lived about 250 miles away from there for over a year now. They served me at my new address in the middle of the night (pounding on my door and scaring everyone half to death from a dead sleep).

Link to comment
Share on other sites

Call the court and ask them how you file an answer or to have it dismissed. Because you cant defend yourself. Also they should take it to where you live. I had a judgement against me I didnt even know about until 4 years later. They got it in another state which at the time they won the default I hadnt lived in the state for 2 years. They taped it to the door. Im fighting it now, that they are trying to get it brought to where I live. Dont give up

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.