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sued but I dispute the jurisdiction of the court

Date: Mon, 01/28/2008 - 08:23

Submitted by anonymous
on Mon, 01/28/2008 - 08:23

Posts: 202330 Credits: [Donate]

Total Replies: 11


How do I file an answer to a summons? I dispute jurisdiction of the court for a start as this is for a personal loan from England. I need help to do this. I can't afford a lawyer. I'm at my wits end. Can anyone please help? I'm in Texas


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?


lrhall41

Submitted by on Mon, 01/28/2008 - 12:58

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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.


lrhall41

Submitted by skydivr7673 on Tue, 01/29/2008 - 16:22

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