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Improper Venue / Affirmative Defense


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Hey Guy's

 

Received summons , Have "Q"s ...

 

US Bank  O.C.   $12,000.00

Last Payment 10/2009 ....    4 yr. S.O.L

 

Port. Rec. Assoc.   J.D.B  (Plaintiff)

Brumbaugh & Quandahl Representing Plaintiff  (Omaha,Nebr.)

 

E - Filed suit in County Court  (Small Claims)  Cap  $3500.00   (Free)

$12,000.00 +++  being sought in suit

 

Working on my Answer , Should I List "IMPROPER VENUE" as an affirmative defense ....

Should I File a Motion to Dismiss / Move to District Court ...  (Not Free to File In Dist. Court)

Arbitration is looking pretty good , US Bank Has a good Arb. Clause... (Open to Comments) ...

 

 

 

Thanks for any and all replies

Not Going Down

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Attorney "E-Filed" this ....

Another 5 mos. and the S.O.L. would have ran its course on the Debt....

 

The Attorney is 75 miles away from this court house , and filing in District Court

would require an appearance as well as paying a filing Fee ......

 

Thanks

Not Going Down

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