sued but I dispute the jurisdiction of the court
Date: Mon, 01/28/2008 - 08:23
Could you be a little more specific, are you located in the stat
Could you be a little more specific, are you located in the states? I am sure there is someone here that will be able to help you.
Oh I'm sorry, I just realized you said you are in Texas.
Oh I'm sorry, I just realized you said you are in Texas.
It doesn't give me a date, it just says I need to answer within
It doesn't give me a date, it just says I need to answer within 20 days
hi Steve-- What is the name of the company? If they are not
hi Steve--
What is the name of the company? If they are not licensed to conduct business in your state, then they dont have a leg to stand on as far as collection efforts involving you. Give us some more details and we can see what help we can provide. The loan company is in England, and you are in Texas. For starters, they have to follow American laws in regards to trying to collect on the debt. But like I said we need more info. Is the company that's suing you the original company you took the loan out with, or is this a collection agency?
I asked WHERE does it say you have to appear not when! Is the co
I asked WHERE does it say you have to appear not when! Is the court in England or in Texas?
Sorry! I have to appear in Dallas County court. I don't live i
Sorry! I have to appear in Dallas County court. I don't live in Dallas county. I am being sued by the original creditor from England, where the contract was signed.
Umm, I'm pretty sure they have to sue you in a court in your cou
Umm, I'm pretty sure they have to sue you in a court in your county. The only time you would need to be brought to any other court is if it were escalated to a higher court or if you were being extradited to stand trial for crimes committed in another state/country.
hi-- there are two places that a creditor can sue you--either
hi--
there are two places that a creditor can sue you--either in the county you reside in at the time the suit is filed, or the place where the agreement was entered into. If you do not live in Dallas, you need to put a paragraph on the bottom of your answer to the court that you hereby move for dismissal on the grounds of improper venue. Since you dont live in that county, that county's court is the wrong place to pursue a lawsuit against you.
Also, what is the name of the plaintiff as it appears on the summons you received? This is important for several reasons, one of which is that they cannot sue you in TX, under section 392.101 of the Texas Finance Code, unless they have obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State. Of course, this applies to a third party collector or collection agency, it does not apply to the original creditor--like I said, this is important info.
Please post the name of the plaintiff as it reads on the summons, and please also post the name of the original creditor. If the plaintiff is an attorney, and if they undertook any collectiona ctivity whatsoever, then they must also have obtained the surety bond. If they have not, and they have sent you any letters asking for payment, or called you asking for payment, then you have grounds for dismissal because they are not legally entitled to operate in a collection capacity in the state of Texas.
Thing that I would like for you to provide, so we can help you as much as possible:
1--the name of the original creditor
2--the name of the plaintiff on the summons
3--the name of the attorney representing the plaintiff, if there is one listed on the summons
Once you post that, we can provide better info on your options.
He said it is the original creditor, so the bond does not apply,
He said it is the original creditor, so the bond does not apply, however, it still is the wrong court he is being sued in.