Where to File District Court Complaint

[Rooty1]

What is the name of your state (only U.S. law)? IDAHO

Filing Complaint regarding real estate.

The Registered Agent lives in one county.

The real property in dispute is in another county.

Which county do I file in?

Thanks!

 

[adjusterjack]

Doesn't matter where the registered agent is. He's there to accept process service from anywhere in the state.

You generally file where the defendant is located or where the dispute arose which, in the case of real estate can be where the property is located.

More information is needed on the nature of the lawsuit if you want something more specific.

 

[quincy]

Here is a link to the Idaho Rules of Civil Procedure, which you probably will want to refer to and become familiar with during the course of your court action: https://www.isc.idaho.gov/ircp-new

You can file in the county where the cause of action arose, in the county where the defendant has his principal place of business, or in the county where the defendant resides (if it is different). A motion to contest jurisdiction can be filed by the other party, so you need to consider which is less likely to be contested.

 

[Rooty1]

here is a link to the idaho rules of civil procedure, which you probably will want to refer to and become familiar with during the course of your court action: https://www.isc.idaho.gov/ircp-new

you can file in the county where the cause of action arose, in the county where the defendant has his principal place of business, or in the county where the defendant resides (if it is different). A motion to contest jurisdiction can be filed by the other party, so you need to consider which is less likely to be contested.

thank you.

 

[Rooty1]

Doesn't matter where the registered agent is. He's there to accept process service from anywhere in the state.

You generally file where the defendant is located or where the dispute arose which, in the case of real estate can be where the property is located.

More information is needed on the nature of the lawsuit if you want something more specific.

Thank you.

 

[quincy]

We appreciate the thanks, Rooty1. Good luck going forward with your legal action.

 

[adjusterjack]

Thank you.

You're welcome.

It occurs to me that you are entering uncharted waters if you are doing this yourself without an attorney.

Feel free to keep this thread going and explain your case. We can probably guide you through some pitfalls that you might not be aware of.

 

[quincy]

... It occurs to me that you are entering uncharted waters if you are doing this yourself without an attorney.

Feel free to keep this thread going and explain your case. We can probably guide you through some pitfalls that you might not be aware of.

You might want to review the posting history. Rooty1 has been "guided" for a few years now.

 

[Rooty1]

'Where to File District Court Complaint

You're welcome.

It occurs to me that you are entering uncharted waters if you are doing this yourself without an attorney.

Feel free to keep this thread going and explain your case. We can probably guide you through some pitfalls that you might not be aware of.

Thank you so much; will do.

I do have another question, according to Idaho Rules of Civil Procedure Rule 4(d)(4). Service Upon Domestic Corporations. (A) Upon a domestic corporation by delivering a copy of the summons and complaint to an officer.

This means I only have to serve one (1) officer - correct?

And, if filing a Motion for Declaratory Judgment, can I request the court to order the defendant pay court costs?

 

[quincy]

Thank you so much; will do.

I do have another question, according to Idaho Rules of Civil Procedure Rule 4(d)(4). Service Upon Domestic Corporations. (A) Upon a domestic corporation by delivering a copy of the summons and complaint to an officer.

This means I only have to serve one (1) officer - correct?

And, if filing a Motion for Declaratory Judgment, can I request the court to order the defendant pay court costs?

You serve the registered agent.

Is this the same property issue you have been dealing with since 2012, Rooty1?

 

[Rooty1]

You serve the registered agent.

Is this the same property issue you have been dealing with since 2012, Rooty1?

Are you saying Idaho Rules of Civil Procedure Rule 4(d)(4). Service Upon Domestic Corporations.
(A) Upon a domestic corporation by delivering a copy of the summons and complaint TO AN OFFICER means only the registered agent?

And yes Quincy, this the same property issue I have been dealing with since 2012. GOOD MEMORY!!!

 

[quincy]

Are you saying Idaho Rules of Civil Procedure Rule 4(d)(4). Service Upon Domestic Corporations.
(A) Upon a domestic corporation by delivering a copy of the summons and complaint TO AN OFFICER means only the registered agent?

And yes Quincy, this the same property issue I have been dealing with since 2012. GOOD MEMORY!!!

Here is a direct link to IRCP Rule 4(d)(4): https://www.isc.idaho.gov/ircp4d4

The registered agent is the one who accepts service of process for the corporation if the corporation is sued.

I recognized your user name, Rooty1, but that is as far as my "good" memory went. I took a little bit of time to read over your previous threads.

 

[Rooty1]

Where to File District Court Complaint and Who to Sue

Here is a direct link to IRCP Rule 4(d)(4): https://www.isc.idaho.gov/ircp4d4

The registered agent is the one who accepts service of process for the corporation if the corporation is sued.

I recognized your user name, Rooty1, but that is as far as my "good" memory went. I took a little bit of time to read over your previous threads.

Thank you Quincy, I am hoping the Registered Agent named in the Articles of Incorporation from December 2015 has not changed.

I wish I could afford an attorney as things here have gotten beyond messy. When forced to choose between food v. lawyer; the food wins.

All the best, Rooty

 

[Rooty1]

You might want to review the posting history. Rooty1 has been "guided" for a few years now.

And that guidance has finally lead me straight to the courthouse. I am being threatened with homelessness!!!!

 

[quincy]

And that guidance has finally lead me straight to the courthouse. I am being threatened with homelessness!!!!

Well, I certainly hope the guidance offered on this forum has had nothing to do with the threat you face of homelessness. Prolonged lawsuits like yours do tend to take their toll.

You can call the registered agent listed on the Articles of Incorporation. Registered agents, Idaho Secretary of State: http://www.sos.idaho.gov/corp/registered_agents.html