Possible to throw this out.....for now?
Date: Wed, 09/02/2009 - 17:32
I am being sued by capital one. I was to go to court on 1-1-09 . I am very forgetful and did not make the date. needless to say they got/won judgement. I thought all was going to go away and 9-1-09 they froze my bank account. on 9-2-09 I have a new letter saying they are filing for the garneshment of said account for the xx amount of dollars I owe them. Here are the quick questions.
1) I found the first original court summons in between my door and stairs. Did I recive proper notice by law? If not, do I still fall in the time frame to appeal that?
2) I can not find any jurisdiction info on the net!? I live in 22030 area code and the court is in a 23228 area code. The court is out of my county in the same state but also 2 hours away. Can I have the original case dismiised due to wrong Jurisdiction and have them move it up to the Fairfax area in which I live? I belive you must file an order to show cause/motion to vacate judgment due to improper venue, is this so?
3) If i can still do this, can I file a vacate judgement request by mail?
4) Are my funds still in the bank and just locked or is it thiers for good now, even before the case goes to court?
I really tried to find the answers on my own (I am still looking) but have not in 3 days of massive searching. If someone could answer I would be greatful. Thanks.
Quote:I found the first original court summons in between my doo
Quote:
I found the first original court summons in between my door and stairs. Did I recive proper notice by law? If not, do I still fall in the time frame to appeal that? |
Well, the state law needs to be consulted to determine it. You may rather discuss this with an attorney to make sure. Since you're indeed served by the summon and that too at the right address, I doubt if it can be challenged.
I found this on the Henrico general district court, says: Where
I found this on the Henrico general district court, says:
Where Can a Civil Suit Be Brought?
The simplest rule is that you bring suit in the city or county where the defendant lives, is regularly employed, or has a regular place of business. You may also bring suit in the city or county where your cause of action arose (where the act on which your claim is based took place).
Am I SOL now or is the fact that I live in Fairfax, which is where my card is, considered place of cause of action?
I told you I am looking 
I'm sorry to say you may be SOL (although I'm not an attorney).
I'm sorry to say you may be SOL (although I'm not an attorney). Generally if you want to argue over the jurisdiction, you have to make those arguments (in the form of a motion to change venue) prior to the court awarding judgment. As to improper service, you also usually have to make any defenses or motion to vacate within 30 days or so of the judgment being entered.
If you believe you have valid grounds to impute the judgment, you really should consult an attorney; because you will need to file motions, etc, which are usually beyond the scope of a layman's knowledge.
