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MikeyinFL

Lack of personal jurisdiction question?

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Hi, I am looking for some help in regards to lack of personal jurisdiction and thank you all in advance for any info or help.

If a lawsuit is brought for breach of contract, can the OC sue you in a court other then the court in the county you live? If not, would motion to dismiss due to lack of personal jurisdiction and wrong venue likely be granted? Any insight would be greatly appreciated! Thank you!

 

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10 hours ago, MikeyinFL said:

can the OC sue you in a court other then the court in the county you live?

Probably not. 

10 hours ago, MikeyinFL said:

would motion to dismiss due to lack of personal jurisdiction and wrong venue likely be granted?

Probably. 

It all depends on your court rules, what type of lawsuit you're talking about and what types of courts are available in the different counties, so that's where I'd start looking for a more definitive answer. 

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There are other factors.

For example, if you previously lived in County A, took out the debt in County A, defaulted in County A, and your last known address was in County A, it is possible they would allow the suit in County A, even if you had since moved to County B.  Or they might grant a MTD without prejudice, and the plaintiff would just refile in County B.  

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31 minutes ago, BackFromTheDebt said:

if you previously lived in County A, took out the debt in County A, defaulted in County A, and your last known address was in County A, it is possible they would allow the suit in County A, even if you had since moved to County B.

This would depend on his local court rules, and what courts are available in County B.

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6 hours ago, Harry Seaward said:
 

This would depend on his local court rules, and what courts are available in County B.

Exactly.  

It is important -- the answer to many issues vary from state to state, county to county within a state, judge to judge within a court, or even vary depending on the judge's mood that particular day.  

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What if you lived, still live and the alleged allegations are all in County A,and, county A has courts that deal with these cases. With those clarifying facts would a motion to dismiss likely be granted?  Thank you again in advance for your help! 

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6 minutes ago, MikeyinFL said:

What if you lived, still live and the alleged allegations are all in County A,and, county A has courts that deal with these cases. With those clarifying facts would a motion to dismiss likely be granted?  Thank you again in advance for your help! 

Walk me through it,  

Was the lawsuit filed in County A?  Do you currently live in County A?  Did you open the account in County A?

Just a note:  Even if the court granted your motion to dismiss for lack of jurisdiction, the plaintiff could refile in the proper jurisdiction.  The court’s dismissal would not prevent a lawsuit in the correct county. 

 

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6 minutes ago, BV80 said:

Walk me through it,  

Was the lawsuit filed in County A?  Do you currently live in County A?  Did you open the account in County A?

Just a note:  Even if the court granted your motion to dismiss for lack of jurisdiction, the plaintiff could refile in the proper jurisdiction.  The court’s dismissal would not prevent a lawsuit in the correct county. 

 

Everything in County A. I realize they could refile but was first wondering if this was a clear cut granting of motion to dismiss? I realize they can refill but they will also realize they won’t just win by default. Thanks again for your insight.

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Your original question was whether they could sue you in a different county. It sounds like you're saying you live in the same county you were sued.

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On 2/7/2020 at 1:58 PM, Harry Seaward said:

Your original question was whether they could sue you in a different county. It sounds like you're saying you live in the same county you were sued.

No, I don't live in the same county(B),  I live in county A and everything is in County A but they filed in County B. I know they can refile in County A but was just wondering if there was any reason I was missing of why my motion to dismiss in county b would be denied? sorry for any confusion and thanks for your help! 

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Assuming your local county courts can hear the type of case you were sued for, they should have sued you in your county. The only other exception would be if there is some local rule that permits them to sue in neighboring county courts. 

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