Improper Venue format request

Date: Sun, 04/26/2009 - 15:30

Submitted by anonymous
on Sun, 04/26/2009 - 15:30

Posts: 202330 Credits: [Donate]

Total Replies: 3

I was served with papers from Borack and Assoc. for Arrow Financial that I am to appear for mediation (Orange County, Florida). The county is not my home county, nor has it been for well over a decade. From what I have read, I need to draft a Motion for Dismissal for Improper Venue to the Clerk of the Court. It sounds like I have 20 days from the delivery of the summons to respond with this motion.

Please correct me on any of this if incorrect.

If my information is correct, I have been trying to locate a template form to work off of, to get this motion turned in.

Furthermore, assuming all of the above is accurate, should I expect to receive a letter back from the Clerk of the Court? Will I still need to appear?

Thank you for your assistance.

for the proper format, you may have luck checking with the court

for the proper format, you may have luck checking with the court clerks office--they cannot give out legal advice, but they should be able to tell you if there is a specific form needed.

But yes, any action commenced against you by a third party debt collector must be commenced in the county where you live, or in the county where the debt originated. Here's another question---how old is this debt? As in, when was the last time you made a payment on it? When did it first become past due? A lot of times, if they are using information that old, it could be because the debt is that old, and if it is, it's msot likely outside of the applicable statute of limitations in your state. If thats the case, you would be better off submiting a motion to dismiss with prejudice on the grounds of expired SOL than you would filing based on improper venue.

lrhall41

Submitted by on Sun, 04/26/2009 - 18:13

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Its been between 2-3 years, so nearing SOL however, after doing

Its been between 2-3 years, so nearing SOL however, after doing my homework, with several factors, may end up being able to get the paperwork so backed up, that by the time (if they even tried to pursue the case with the proper county), the 3rd party CA would be 'SOL', as the debt would already be beyond SOL.

lrhall41

Submitted by on Sun, 04/26/2009 - 20:14

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Hi POnyx, Law code for Dismissal of Civil Procedure in Florid

Hi POnyx,

Law code for Dismissal of Civil Procedure in Florida.

Call the Court and verify the info you have first. Here is a template of a Motion to Dismiss for Improper Venue, although you will have to change the wording accordingly, as this one is to stop a judgment already in place. "http://www.creditinfocenter.com/forms/sampleletter16.shtml"

And be careful when it comes to Arbitration. "http://www.bankrate.com/brm/news/pf/20070326_mandatory_binding_arbitration_a1.asp?prodtype=pfin"
"http://www.creditinfocenter.com/cards/credit-card-arbitration.shtml"

lrhall41

Submitted by Chrys Henderson on Sun, 04/26/2009 - 22:24

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