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-   -   Texas Resident Sued by Out Of State Resident in Civil Court (https://www.askmehelpdesk.com/showthread.php?t=423696)

  • Dec 9, 2009, 03:27 PM
    dottyspotty
    Texas Resident Sued by Out Of State Resident in Civil Court
    I've just been told by the judge that I will not be allowed to appear via telephone for my trial date as the guy bringing suit against me will not allow it. Even though Florida Small Claims law 7.140 states I can appear telephonically if the judge allows it, she won't. He's a lawyer. She's a judge. They're probably sleeping together or at least social. Needless to say we do not have the money to fly to Florida to defend ourselves so justice will not be served on that court date. Texas is pretty much judgement proof, except for bank accounts. Can I get someone else to set up a dummy bank account for me? My home can't be touched, nor my cars, but it's the personal belongings I worry about. They are all less than $60,000, but what happens after that. Does the marshal just walk away with nothing for the out of town default winner? Can I file a hardship/no money statement with the civil court here in Texas once this assh@le goes to move the judgement here? Since we don't have the money to fly to Florida, we obviously do not have the money for a lawyer so any help would be greatly appreciated.
  • Dec 10, 2009, 07:55 AM
    JudyKayTee

    No one here is going to help you commit fraud - which is what you are attempting to do by hiding/shielding assets.

    Your "Judge/Attorney sleeping together" comment is unconscionable.
  • Dec 10, 2009, 01:03 PM
    this8384
    Quote:

    Originally Posted by dottyspotty View Post
    I've just been told by the judge that I will not be allowed to appear via telephone for my trial date as the guy bringing suit against me will not allow it. Even though Florida Small Claims law 7.140 states I can appear telephonically if the judge allows it, she won't. He's a lawyer. She's a judge. They're probably sleeping together or at least social. Needless to say we do not have the money to fly to Florida to defend ourselves so justice will not be served on that court date. Texas is pretty much judgement proof, except for bank accounts. Can I get someone else to set up a dummy bank account for me? My home can't be touched, nor my cars, but it's the personal belongings I worry about. They are all less than $60,000, but what happens after that. Does the marshal just walk away with nothing for the out of town default winner? Can I file a hardship/no money statement with the civil court here in Texas once this assh@le goes to move the judgement here? Since we don't have the money to fly to Florida, we obviously do not have the money for a lawyer so any help would be greatly appreciated.

    A few questions:

    1) Why are you being sued in Florida if you reside in Texas?
    2) What are you being sued for?
    3) What is your defense? You're complaining that you're not allowed to appear by telephone, which shows you planned to argue.

    And as Judy pointed out, your comment about the lawyer and judge is absolutely ridiculous. I especially find it humorous that you refer to the other party as an @sshole when you're the one who hasn't paid a debt.
  • Mar 12, 2012, 12:43 AM
    willdav713
    In such case you can usually remove it to federal court under Diversity jurisdiction. File the petition to remove claim to federal court in the federal court in Texas where you are located, then file a in properia proper (whatever it is called) for inability to pay court costs. You will have to look for these forms. That way you are removing the jurisdiction from Florida to United States Court. They could remand it. Go to TexasLawHelp.org for all the information about free legal clinics in the State of Texas. They could tell you do to do something else. I am not an attorney, just have some basic knowledge. It should not be relied upon. But Texas Law Help will get you to the right place. Ask those folks about Diveristy Jurisdiction, Jurisdiction, and venue. Lawyer Referral Service is another option but it will cost you some dough.

    Again, this is a general answer in regards to usually what happens in such sitution and every sitution and circumstance is different as such it should not be construed as legal advice, please consult a qualifed attorney.
  • Mar 12, 2012, 05:33 AM
    AK lawyer
    Quote:

    Originally Posted by willdav713 View Post
    In such case you can usually remove it to federal court under Diversity jurisdiction. ...

    This is small claims court. In Florida, the maximum one can recover in small claims is $5,000 Diversity jurisdiciton requires a minimum amount of $75,000 in controversy- well above the small claims threshold.

    But nice try.

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