Personal Jurisdiction

roybean · 07-31-2006, 08:07 PM

OK, someone correct me if I am wrong:
I am the Plaintiff and I served them in care of their attorneys. Am I wrong or right that personal jurisdiction is established upon service?

Flyingifr · 08-01-2006, 01:32 AM

Quote:

Originally Posted by roybean

OK, someone correct me if I am wrong:
I am the Plaintiff and I served them in care of their attorneys. Am I wrong or right that personal jurisdiction is established upon service?

Wrong.

While the attorney is authorized to accept service, the venue for the suit must still be one that has personal jurisdiction over the defendant, either by basis of the defendant's current residence, or by opeeration of law (FDCPA allows suit against consumers in the venue where the transaction took place) or by contract in a choice-of-laws provision in the contract. The venue of the attorney is irrelevant. The venue of the Court and its jurisdiction over the defendant is a possible defense that the Plaintiff must be prepared to rebut.

In recommend reading "Flyingifr on Venue" in the Flyingifr Method. It is an essay I wrote that was examined by several attorneys before posting.

Flyingifr on Venue

roybean · 08-01-2006, 03:03 AM

Thank you and BTW....glad you are stopping by!

roybean · 08-01-2006, 02:48 PM

Flyinifr, this is district court and these wacko attonreys keep saying that the court does not have personal jurisdiction.

Flyingifr · 08-01-2006, 05:25 PM

1. Which District Court is it?
2. Which District do you live in?

If the answer to these two questions is the same, they are full of sh*t.

Flyingifr · 08-01-2006, 05:29 PM

Quote:

Originally Posted by Flyingifr

1. Which District Court is it?
2. Which District does the defendant live in?

If the answer to these two questions is the same, they are full of sh*t.

roybean · 08-01-2006, 07:03 PM

OK, here's the deal; I am after Crap 1 for several accounts. Three of the accounts are held by cap1 bank, and one by cap FSB. At first they were arguing that cap1 services does not issue credit cards and therefore the court does not jurisctiction. (This is what I was waiting 9 months for the judge to decide). In the judge's decision he pointed out that if cap 1 bank, cap 1 services, and cap 1 FSB, act on behalf of one another then I can name the parent company or all of the entities because they are agents for each other which is what I did.

Cap 1 FSB does not appear on any of my reports, but is the holder of one of the accounts. , Cap 1 bank and cap1 services do appear and each of them verified incorrect info on my reports.

I don't know, they may be trying to bluff me because they kind of jumped the gun this time and answered a week later when I know they have 20 days to answer. On top of which they answered my complaint and filed another motion to dismiss which is strange to me unless like I said they are trying to bluff me.