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    rvdsid's Avatar
    rvdsid Posts: 46, Reputation: 1
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    #1

    Dec 10, 2014, 07:42 AM
    Can one file separate suit in a different co. that has jurisdiction of subject matter
    South Carolina Is there anything that prevents one from filing a suit in a different county that has jurisdiction of subject matter while a related case is ongoing in a different county where jurisdiction is being challenged?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Dec 10, 2014, 08:14 AM
    Too vaguely hypothetical. Does this go back to the repo from your auto repair shop?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Dec 10, 2014, 08:54 AM
    Does the challenge to jurisdiction in the first case have merit? If so, it would be appropriate to dismiss the case and then file in the proper county. But no, in general it would be inappropriate to prosecute the case in both counties at once.
    rvdsid's Avatar
    rvdsid Posts: 46, Reputation: 1
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    #4

    Dec 10, 2014, 11:51 AM
    Yes, plaintiff was incorrectly informed in proper county by a clerk that they HAD to file the case where I lived, and in the county where they currently lived. I filed a motion to change venue to that county and to recuse two judges from 3 previous biased rulings (costing me @$18,000 with arguments backed by rental contract). The one judge recused himself and brought in his buddy who was also listed on the motion came in (surprise) & did not recuses himself, & since he had changed his schedule to be there, thus... he denied the motion. I then submitted a motion for Continuance and it was denied and then challenged jurisdiction & of course he said court had jurisdiction & I reminded him that the plaintiff had to establish that once I had filed my counterclaim.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Dec 10, 2014, 12:08 PM
    Ah, I now see that you are the defendant. In that case, you would appeal the denial of the motions to change venue, and to recuse the second judge (assuming final judgment is ultimately entered against you). You would only be able to file a new case (on you counter-claim, I assume) after the present case is disposed of. In order to do so, it also would have to be dismissed without prejudice, or it would be res judicata, preventing you from re-litigating it in another county.
    rvdsid's Avatar
    rvdsid Posts: 46, Reputation: 1
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    #6

    Dec 10, 2014, 12:24 PM
    Basically they gave 21 days notice vie TEXT they were leaving via text where CONTRACT clearly states 30 days & it must be in writing & Landlord Tenant Act confirms, yet he overlooked that BINDING Lease, (VOID JUDGMENT? ) & they claimed unhealthy living conditions, because the roof had leaked and I had a guy fix it and later a couple weak spots in the floor occurred which they never informed me of, (Required by Tenant obligations statute) claimed they did, ask for proof couldn't produce those text messages & had many images of related texts to an AC issue that was fixed in a timely manner but, none to support there case. They IMPEACHED themselves as witnesses by saying there was a leak at the sink that I never fixed and I did while they were both there and double checked when they left and STILL no leak. Yet, with all that judge took 2 days to rule in their favor for $380. Their claim was for $575 deposit, $600 1st months rent new place, $200 moving expenses (Frivolous suit) I had over $1000 in repairs, $270 in late fees I never charged them, a months worth of work to get it back ready to rent, and another month until it was rented, notified them in writing as to why they would not be getting the deposit back and STILL went forward with this Frivolous suit that this guy overlooked.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Dec 10, 2014, 07:34 PM
    One persons frivolous suit is another persons valid claim, it is only frivolous is and when the court rules it is.

    You can not file in another county as long as there is a current case being argued in another court.

    ** I may also disagree in that most cases have to be tried where the commercial action too place, not where a person lives, IE. If you did business with them at their office or at some location, that location would be the place where court must take place. A transaction that takes place over a phone or computer, will be subject to the clauses in the contract (if any) for location. ** an example, Comcast cable company, has a clause that all legal actions based on location of their home office.
    rvdsid's Avatar
    rvdsid Posts: 46, Reputation: 1
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    #8

    Dec 11, 2014, 03:51 AM
    I thought it could be considered Frivolous if a Reasonable Attorney said they wouldn't take the case based on not enough merit, per sae?

    I am an individual living in an area of one county with a crooked judge who has a buddy in the next town in that SAME county, BUT I have a mobile home park in the county (I claim to have JURISDICTION & where Subject Matter took place) where their Potential/Frivolous cause for action took place & they still live in the same area of that county. So, subject matter and plaintiff are in the county I argue should have JURISDICTION? By then they knew I didn't want that judge to hear case for a reason, and when he asked them I think they said they wanted to keep the case in that court/jurisdiction and he proceeded with the case? What can file in my motion for a New Trial to get it transferred to Proper Jurisdiction?

    At the same time have been discussing these judicial issues with Court Administration and had a long set down with the head of the Judicial Commission for the state.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Dec 11, 2014, 04:39 PM
    ... they gave 21 days notice vie TEXT they were leaving via text where CONTRACT clearly states 30 days & it must be in writing ...
    Text is writing. It's just not on paper.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Dec 11, 2014, 05:50 PM
    Email and texting can be considered written communication. It is done so all the time, when you agree to "terms and conditions" from web pages, sign up for places , like our web site, or buy things online.

    Courts also normally have accepted email communications as evidence.

    I will add, that getting a judge dismissed from a case, is very hard, it will have to show a direct relationship not just prior rulings on your cases. I had cases, where I was testifying for the prosecution. The judge was a family friend, been to my house for dinner all the time, But was not enough to get a new judge.
    rvdsid's Avatar
    rvdsid Posts: 46, Reputation: 1
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    #11

    Dec 16, 2014, 05:51 PM
    Even IF Text is considered writing, it WAS ONLY 21 DAYS NOT 30, so I guess I will change contract to state Typed Letter mailed via USPS, or hand delivered to me in person. Anyway, HOW DO I GET THESE CROOKS TO DECIDE THE CASE BASED ON THE RENTAL AGREEMENT and not on the opinions and hearsay of the opposing parties?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Dec 17, 2014, 07:16 AM
    So, if I understand this they were awarded $380 after suing for over $1500? Frankly I would just cut my losses. Judges are not going to reverse themselves or other judges unless there is clear error. I know you believe that violation of the terms of the contract is clear error, but judges have latitude in such disputes.
    rvdsid's Avatar
    rvdsid Posts: 46, Reputation: 1
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    #13

    Dec 18, 2014, 05:37 AM
    Well, I'm not most people and I Won't cut my loses until JUSTICE is done, these crooks are the Guardian of my LIBERTIES & if they cant then I will get someone in their place that can.
    I understand that very few MORTALS seem to be able to admit they made a mistake and certainly not these pampas, arrogant, guys trying to teach me a PERSONAL Lesson because, their EGO want let them... because - EGO (Edging GOD OUT)

    This was the 4 case I have had with these two judges, 3 where I was the Plaintiff
    suing tenants for back rent (3)... and back rent & damages (1) and I have lost ALL
    4 cases with a CONTRACT BACKING AND SHOWING THERE VIOLATION OF THE RENTAL AGREEMENT. The last case I even paid a Lawyer $1500 to lose to a ruling that neither side PROVED Damages, when I had Pictures of the Commercial Building before and after he removed laminate flooring 300 sf, removed a wall & door, ceiling fans, left holes all in the walls, and 2 days after eviction broke a 5'x6' picture window. And his OWN subleasee (which was a violation of contract) admitted
    he did it. WHAT MORE COULD I... HAVE DONE TO PROVE DAMAGES TO A CROOKED JUDGE?? Besides he had NO Damages to PROOOOOOVE!

    Understand, errors and there are obviously a lot of those, all be it.. of the MORAL & INTEGRITY arena; what else can I do to Address these OVERSIGHTS OF THE RENTAL AGREEMENT??

    NOW, Is there a Lawyer out there that can HELP me & OTHERS that are being SCREWED by these incompetent judges?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Dec 18, 2014, 05:57 AM
    Quote Originally Posted by rvdsid View Post
    NOW, Is there a Lawyer out there that can HELP me & OTHERS that are being SCREWED by these incompetent judges?
    Frankly, no! Because, if what you say is accurate (and I'm not disbelieving you), then your problem is not with the law, but the local judges. If that is the case, then you need to bring your fight to a higher level. Go to the state chief judge or whoever oversees the court these judges operate in. Make your case of incompetence, prejudice etc. on that level. Trying to continue to fight on the local level seems fruitless.

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