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2legit2quit

Another Cavalry Suit, but with a twist -- Ohio

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Hello!  I'll try to show some brevity.  I have absolutely 0 legal knowledge, so please be gentle with me.  I'm doing my best to research but this all very overwhelming.   I thank everyone who responds for their time, patience, and answers.

I live in Washington but found out through a relative that I was being sued in Ohio.   I used all my money recently on a sick parent, and currently don't have funds or the time from my job needed to return to Ohio for court.   I'm considering just letting them get their judgment and then paying off the judgment little by little, because I simply can't afford going back to Ohio.   A bunch of letters also came in the mail, apparently, requesting to give me legal aid, but I can't even afford an attorney.   

Are there any other solutions?  I definitely want to file an answer, but I would rather have the case held in Washington.   Even then, I'm moving to California in March. 

Here are some answers to the general questions: 

The suit is filed in a Cuyahoga County Common Pleas court.  

1. Who is the named plaintiff in the suit?  Cavalry SPV I. 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)  Will get back to you. Don't have physical copy of the form.

3. How much are you being sued for? Roughly 3k. 

4. Who is the original creditor? (if not the Plaintiff) Citibank.

5. How do you know you are being sued? (You were served, right?)  Was told by a relative that they got a letter from Fedex. 

6. How were you served? (Mail, In person, Notice on door)  Fedex. 

7. Was the service legal as required by your state?  Yes. 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in?  I live in King County, Washington now, but I am being sued in Cuyahoga County, Ohio. 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)   I think 2012.  Perfectly within the 6 year SOL.  

11. What is the SOL on the debt?  6 years. 

12. What is the status of your case? Suit served? Motions filed?  It just says Active for the status and newly filed for its disposition.  I can call if needed. 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not at all. 

14. Did you request debt validation before the suit was filed? No. 

15. How long do you have to respond to the suit? (This should be in your paperwork). 20 days. 

16. What evidence did they send with the summons? Nothing as far as I know.  

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1 hour ago, 2legit2quit said:

Yes.  I did live in Ohio and that's where the account was opened.

WHEN did you move to Washington and when did they FILE the suit?

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1 hour ago, Clydesmom said:

WHEN did you move to Washington and when did they FILE the suit?

@Clydesmom

I moved to Washington in January 2015.   They filed the suit on the 10th of this month.   

I never put in for a change of address or anything.  I live with a boyfriend, and so my name isn't on any lease which is why I never bothered changing my former address/getting a WA driver's license.  But I do have a job here, and could easily verify that I've been working in the state of WA since January 2015.  

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I've been trying to read up on a motion to change the venue, but I haven't read anything about my situation in particular.  

But I can't help thinking that I just can't be the first person in the history of ever to get sued in a state that they no longer reside in, and need to have the venue changed.

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2 minutes ago, 2legit2quit said:

I've been trying to read up on a motion to change the venue, but I haven't read anything about my situation in particular.

A motion to change venue is appropriate when they file in the wrong County in the state you live in.  In your case they are not even close.  You need a motion to dismiss.

I would file a motion to dismiss based on your no longer being under the jurisdiction of the court since January 2015.  Then they have to refile in WA where you live if they wish to pursue it.

2 minutes ago, 2legit2quit said:

But I can't help thinking that I just can't be the first person in the history of ever to get sued in a state that they no longer reside in, and need to have the venue changed.

You aren't.   

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58 minutes ago, 2legit2quit said:

@Clydesmom

Perfect and awesome!  Thanks a bunch for the help.   

After researching the motion to dismiss a little, it seems to be a much better option than the venue change route!!

 

Just to be safe, you might want to contact an OH or WA attorney to see if you need to include any documentation with your MTD, such as proof of residence in WA including the length of time you've lived in that state.   Even if documentation is not required, ask if you need to include an affidavit regarding your residence.

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