Lack of Personal Jurisdiction-- Answer or Motion

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meloyello22
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Lack of Personal Jurisdiction-- Answer or Motion

Postby meloyello22 » Thu Jul 29, 2010 6:13 pm

Hi,

I live in CA but have been sued in NY State court. I'm pretty sure the court does not have personal jurisdiction over me. The answer must be served tomorrow. I spoke to opposing counsel and he said that the answer only needs to be served on him, and not filed with the court (by that due date). I have never heard of this-- any insight?

Also, should I bring a motion to dismiss or just answer? I'm being sued for failure to pay on a business line of credit and i'm a little worried about answering because I plan to "deny" allegations in my answer (because I don't want to just set myself up for default), but I'm also worried about that being a "frivolous" answer.

If I simply serve the opposing attorney with my motion to dismiss, how long do I have to answer? Or should I just answer and assert lack of pj as an affirmative defense? (at the end of the day, I will probably just settle with the other side)Thanks.

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LLB2JD
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby LLB2JD » Thu Jul 29, 2010 6:26 pm

You will be getting opinions on here from people unqualified to give legal advice. I'll suggest you try http://www.avvo.com

CanadianWolf
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby CanadianWolf » Thu Jul 29, 2010 7:42 pm

It must be an answer. It must be the first thing that you file period.The other attorney is not your lawyer & the advice he is giving you is wrong.
If you only serve opposing counsel with a motion to dismiss, you will lose (as he is likely to rule against you).
P.S. Just be glad that you were not sued in Wisconsin by a Wisconsin company.
P.P.S. If your answer is not filed in court within the applicable time limit after legal service of process, you lose.
P.P.P.S. Research New York's long arm statute.
FILE YOUR ANSWER BY TOMORROW (or the legal deadline) IN THE APPROPRIATE NEW YORK COURT OR YOU WILL LOSE TO A DEFAULT JUDGMENT !
How long have you been sitting on this complaint ?
P.P.P.P.S. Once they get a default judgment, which is automatic, you will pay or they can destroy your credit rating. This can also affect your C&F for state bar membership.
P.P.P.P.P.S. Yes, at the end of the day you will just settle, as you wrote. If you don't file an answer by the legal deadline, which you say is tomorrow, you will "settle" for the full amount sought in the complaint increased by the legal rate of interest & attorney's fees.

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seespotrun
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby seespotrun » Thu Jul 29, 2010 9:04 pm

CanadianWolf, you should be careful about giving legal advice. OP, call a lawyer.

CanadianWolf
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby CanadianWolf » Thu Jul 29, 2010 9:09 pm

Wait until you finish your first week of law school.

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seespotrun
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby seespotrun » Thu Jul 29, 2010 9:15 pm

CanadianWolf wrote:Wait until you finish your first week of law school.

Me or the OP?

CanadianWolf
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby CanadianWolf » Thu Jul 29, 2010 9:21 pm

You.

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seespotrun
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby seespotrun » Thu Jul 29, 2010 9:28 pm

CanadianWolf wrote:You.


<---rising 2L

I didn't say that he raised a novel issue, but rather that you should be careful giving legal advice. He didn't ask someone to answer some hypothetical; he created an account so that he could solve a problem with real world implications. But whatever, man, go ahead and give legal advice until you're blue in the face. Good luck with C&F!

CanadianWolf
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby CanadianWolf » Thu Jul 29, 2010 9:28 pm

I finished law school a long time ago. Go ahead and keep your head up your butt until you are blue in the face.

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seespotrun
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby seespotrun » Thu Jul 29, 2010 9:31 pm

CanadianWolf wrote:I finished law school a long time ago.

Oh, ok. In that case, go play with your kids or something. But definitely stop giving free legal advice. Let some of us aspiring lawyers get a piece of the pie. :P

CanadianWolf
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Re: Lack of Personal Jurisdiction-- Answer or Motion

Postby CanadianWolf » Thu Jul 29, 2010 9:32 pm

Just keep sniffing your stuff.




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