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  1. #11
    Join Date
    Feb 2011
    Posts
    131

    Default Re: How to Defend Against Bogus Claim from Out of State

    Quote Quoting samsid
    View Post
    However, is it possible that I can ask for a change of venue because I do not have the means to travel to Florida to defend myself?
    There's a difference between venue (a more comfortable place to have a trial within a particular jurisdiction) ... and jurisdiction.

    You can't "transfer" a case from Florida to New York. Here's how it works: If he files in Florida, you try to get it dismissed for lack of jurisdiction (you may even have to get a lawyer there to attend a motion hearing on it). If you can't, you have to try the case in Florida. If it is dismissed (usually "without prejudice" - meaning he can file again somewhere else), he can then file against you in New York or any other place that has jurisdiction over you.

  2. #12
    Join Date
    Mar 2012
    Posts
    5

    Default Re: How to Defend Against Bogus Claim from Out of State

    Michael44 - Thanks for your post. Unfortunately it seems that I am screwed if this case proceeds to Small Claims Court if I can't afford to get myself to Florida to defend myself.

    Seems like a system ripe for scam lawsuits against people that can't afford to show up, especially from across the country. It's too bad that courts don't avail themselves of modern technology such as telephones/conference calls/Skype to ensure that impoverished, out of state defendants have the opportunity to defend themselves. The more money you have, the more justice you get.

    Anyway, in order to try to nip this in the bud, this afternoon I sent money to my ex for the one trip and threw in some money to cover one of his lessor bogus claims to try to satisfy him and give him a feeling of victory so he moves on with his life. I don't see how any of his other claims could stand up under any kind of scrutiny unless he totally embellishes the facts and "manufactures" evidence. I'll just have to deal with it should he proceed with his frivolous lawsuit.

    Thanks everyone!

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