motion to dismiss for lack of geographical jurisdiction

Discussion in 'Credit Talk' started by fibertech, May 25, 2009.

  1. fibertech

    fibertech New Member

    Help,
    Does anybody have a sample of this form?

    My story: I was served a summons from a county I have never lived in. I have moved from that state 3 years ago also and the summons was forwarded to me. I have search for samples of this document but can find nothing. Can anybody help? I am running out of time.

    Thank you
     
  2. Dumb Bob

    Dumb Bob Well-Known Member

    In what way are you running out of time?
     
  3. fibertech

    fibertech New Member

    In sending a reply
     
  4. Dumb Bob

    Dumb Bob Well-Known Member

    You mean your appearance and answer? If you file such a thing, you will likely want to include your affirmative defenses. Are you saying they won't drop the suit after being just told that you never lived there and don't live there now? Dumb Bob would think they'd be only too happy to avoid the waste of time and refile before the SOL where they can win. You probably should consider spending at least a few minutes getting some advice from a lawyer. If you can't figure out what to do now, imagine what it could be like if they get a default judgment against you.
     
  5. fibertech

    fibertech New Member

    I am trying to put together a Motion to Dismiss for wrong venue now.
    Thanks for your help Bob

    I am trying to put together a formal reply on this. I have never done this before and don't want to screw it up. I can't afford a lawyer.
     
  6. ccbob

    ccbob Well-Known Member

    I'm not sure if a motion to dismiss would mean you don't have to file an answer.

    I would think that you would want to:

    File your answer
    Include your affirmative defenses (to include lack of jurisdiction)

    and then

    send a motion for dismissal

    That way they have the facts supporting your motion in the answer.

    But I'm not a lawyer and that isn't legal advice.
     
  7. fibertech

    fibertech New Member

    I read somewhere that if you file an answer first you can't use this
     

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