Venue

[Bob Rigney]

What is the name of your state?My company in AL is being sued by an IL company who has a problem with statements on my Web site. I have no ties to the State of IL, therefore, do they have the right to sue me in an IL court or can I argue for a change of venue to AL? They are asking for 100K on each count, therefore, can I get this transfered to a federal court? If so, where would the venue be? Can it be somewhere besides IL? I just received the complaint. Can I have an AL lawyer file an answer or do I have to get an IL lawyer to do it? I am a non profit company with very limited funds. I am 100% in the right, legally and morally, and this company is a real scam outfit but I can't afford to defend this suit in IL.
I would appreciate any advice as soon as possible. BOB

 

[seniorjudge]

What is the name of your state?My company in AL is being sued by an IL company who has a problem with statements on my Web site. I have no ties to the State of IL, therefore, do they have the right to sue me in an IL court or can I argue for a change of venue to AL? They are asking for 100K on each count, therefore, can I get this transfered to a federal court? If so, where would the venue be? Can it be somewhere besides IL? I just received the complaint. Can I have an AL lawyer file an answer or do I have to get an IL lawyer to do it? I am a non profit company with very limited funds. I am 100% in the right, legally and morally, and this company is a real scam outfit but I can't afford to defend this suit in IL.
I would appreciate any advice as soon as possible. BOB

WHERE are you being sued now?

WHAT does the complaint/petition allege about venue? (Why does the plaintiff say that he's filed it in the right court?)

 

[Bob Rigney]

I am being sued in IL. The complaint claims there's a violation of IL law about fraud and deceptive trade practices (something like that). Of course, if that were true why not file a complaint with IL Attorney General and let him file suit, although I do no business in IL? This whole thing involves a dishonest, disgruntled competitor and the claims and grounds for a suit are extremely weak, at best. I will win the case if it goes to court but we both may go broke paying legal fees.

 

[seniorjudge]

Q: Of course, if that were true why not file a complaint with IL Attorney General and let him file suit, although I do no business in IL?

A: Because the AG in IL is busy trying to throw politicians in jail. A worthy cause, I think.

Anyway, WHY does the plaintiff think you are doing business in IL?

It sounds like it would be worth contesting the venue if you can prove you do not do business in IL. If, however, you've sent one letter to IL concerning business and the plaintiff finds out about it, you may be found to have done business in that state.

You'll have to give some facts and details. We can't do much till you do that.

 

[GaAtty]

GAAtty

I hope that you have acted fast enough to file an answer within the allowed days. You need to probably get an attorney to help you answer this, and hurry. The attorney will know (hopefully) to raise venue in your answer, as well as other defenses. As a defendant, you can remove the case to federal court in IL (while still disputing venue), and once it is there, then ask the federal court to transfer it to the federal court in your state. Of course, all of this takes time, and maybe in the process the person will give up. The AG's offices usually only file suit against people that harm lots of people or in big money cases. You need to hire an IL atty, or file pro se. An AL attorney cannot practice in IL.