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poor lawyer -- can you answer definitively (more or less)?


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Posted by lucy (199.182.117.224) on August 20, 2002 at 07:36:35:

You wrote eloquently on the matter of personal jurisdiction awhile back.

Let us PRETEND that someone the CA threatened to sue in another state, and a search of records in that state determined that this was done, by hook and by crook.

CASE A -- The defendant answered Summons and Complaint and miraculously appeared, at which time defendant raised the issue of filing in violation of FDCPA regulations in this court, which is located in a state that does not and never has had personal jurisdiction. The judge is awake that morning, and is favorably impressed that defendant appeared.

Am I correct in believing defendant may not collect damages from plaintiff without filing countersuit?

Or could a judge adjudicating en banc (from the bench) instruct plaintiff to pay for travel expenses incurred in answering a frivolous lawsuit?

What motions would need to be filed to encourage a judge to think along these lines?

Could, for instance, an ex parte motion to dismiss the lawsuit as frivolous (SOLs have expired)and award travel expenses be filed prior to the date set for appearance specified in the Summons & Complaint?

What would make it appropriate to add "with prejudice" to any defendant motion to dismiss?

Does defendant have the right to review evidence submitted that apparently satisfied the file clerk that defendant could be sued in the out-of-state court in the first place?

If so, when? (Prior to or after the Summons & Complaint is answered?)

REGARDLESS of the outcome, are parties to such litigation recipients of court transcripts automatically when the case is closed, or must either or both parties order transcripts at own expense?

Are copies of evidence submitted in support of the complaint included with transcripts? Some evidence might be impractical to include, but in a case like this everything would be on paper, so I am hopeful.




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