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    sba1's Avatar
    sba1 Posts: 1, Reputation: 1
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    #1

    Apr 9, 2014, 05:23 PM
    How to file a motion for lack of jurisdiction in small claims court
    A claim was filed in another state (small claims)
    The claim was filed in the county of plaintiff that our company has no affiliation.

    Our company has not contracted with the Plaintiff
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Apr 9, 2014, 05:31 PM
    Your company is being sued by someone who you claim you have never done business with. The suit was filed someplace where your company does not have a presence. Does the plaintiff live there? What is the suit about?

    I don't see any lack of jurisdiction.

    You can, however, ask for a dismissal since there should be no grounds for a suit if you have no business with the plaintiff.You can also countersue for costs if the suit is frivolous.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Apr 10, 2014, 05:34 AM
    Depends on the small claims statute or rules, as well as the "long arm statute" in the "other" state.
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