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RMDamore · Aug 17, 2009, 12:06 PM

I've poured through the site and found all the information on defending myself against a credit card company that has filed suit against me in the State of Texas. Actions to date have been: 1) received notice from Attorney with intent to sue; (2) Responded with certified request to validate and denied debt; (3) served with summons to appear in JP court; (4) prepared my intent to defend myself BUT... found out the court is in a city 25 miles away! Called the JP in my city and was told that the precinct I live in is different than the precinct the suit was filed in (which is where the attorneys office is).

Do I have a cause for dismissal based on improper jurisdiction? If so, do I include that in my Intent to Defend or do I also file a Motion for Dismissal?

Thanks for your advice!

JudyKayTee · Aug 17, 2009, 01:12 PM

When you say JP Court - is that Small Claims Court?

The residence of the PLAINTIFF (YOU) determines jurisdiction from what I have read.

RMDamore · Aug 17, 2009, 01:38 PM

I'm assuming it's small claims - the petition states "In the Justice Court, Precinct 6, Denton County, Texas"... I reside in Precinct 5. Am I wrong to assume it's small claims?

RMDamore · Aug 18, 2009, 06:41 AM

Confirmed Small Claims Court and improper jurisdiction... Do I include this in my "Intent to Defend" or do I file a separate Motion for Dismissal? Help! I have to file by Thursday.

RMDamore · Aug 18, 2009, 08:14 AM

If a Justice Court suit was brought against me but it was filed in the wrong Precinct - do I request dismissal of the suit in my "Intent to Defend" or do I file a separate "Motion for Dismissal"? Thanks!

this8384 · Aug 18, 2009, 01:39 PM

You can file a motion to dismiss, but all they have to do is refile in the proper county.

What is the suit for?

RMDamore · Aug 18, 2009, 02:40 PM

Originally Posted by this8384

You can file a motion to dismiss, but all they have to do is refile in the proper county.

What is the suit for?

It's a collection suit in Justice Court, not small claims. It was filed in the correct county, but not the precinct that I live in. I want to force them to refile in my precinct so I don't have to travel over 30 miles to appear, etc. in another city. I'm disputing the debt, but also hoping the attorney for the credit card company isn't going to go to all the trouble to refile and travel.

Twink24 · Aug 19, 2009, 03:06 AM

Balancer

this8384 · Aug 19, 2009, 06:00 AM

Originally Posted by Twink24

Twink24 : Balancer

I'm curious as to what you mean by this. I have no idea what you're "balancing" because nobody gave me a rating on that post, or even in this thread.

Unless, of course, you're just being petty and trying to give me a revenge reddie. Which, of course, you can't do because your own rating is so negative due to your poor advice.

diverudy · Aug 20, 2009, 08:33 AM

I agree that you could most like secure a dismissal as to wrong jurisdiction but, if you are prepared, why not just have the action heard as they would just re-file anyway?

this8384 · Aug 20, 2009, 08:36 AM

Originally Posted by diverudy

I agree that you could most like secure a dismissal as to wrong jurisdiction but, if you are prepared, why not just have the action heard as they would just re-file anyway?

My point exactly. Just making them refile isn't going to do anything; the attorney can and will travel to the case and if the plaintiff wins, the OP is going to have to reimburse all of those costs and fees.

diverudy · Aug 20, 2009, 08:43 AM

Originally Posted by this8384

My point exactly. Just making them refile isn't going to do anything; the attorney can and will travel to the case and if the plaintiff wins, the OP is going to have to reimburse all of those costs and fees.

Yes, I am the director of a legal department and secure dismissals all the time for improper jurisdiction but only when we are talking about great distances and expenses. In those cases it is rare that they refile and these are more consumer vs corporate issues.