Re: BEING SUED IN ANOTHER STATE

Posted by poor lawyer (24.88.34.92) on August 12, 2002 at 18:47:29:

In Reply to: Re: BEING SUED IN ANOTHER STATE posted by todd on August 12, 2002 at 14:52:34:

I wasn't going to say anything, but DO NOT REQUEST A CHANGE OF VENUE.

First, unless you are being sued in Federal Court, the state court CANNOT change the venue to another state. It doesn't have that kind of power. A state court can only change venue to another county or judicial circuit in that state. A Federal Court can change venue to another Federal Court in another state, or remand to a state court within that Federal Court's home state and within that Federal Court's territory.

Second, by submitting any type of response other than one challenging personal jurisdiction, you thereby waive personal jurisdiction. Unless you have some ties to the state in which you are being sued, that state probably doesn't have jurisdiction over you. (Personal jurisdiction means that court's ability to render judgment over you. i.e. if you live in Maine and have had no contacts with Oregon, then an Oregon court can't render a judgment against you.) If that state doesn't have personal jurisdiction, then any judgment in that state against you is UNENFORCEABLE.

If you submit an Answer or request a change of venue, you have WAIVED PERSONAL JURISDICTION FOREVER.

I cannot reiterate any more forcefully that you should CONSULT A LAWYER!!!!!

An attorney familiar with the particular facts of your situation can tell you what the proper procedure to do would be.

poor lawyer, Esq.

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