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Civil court jurisdiction

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gagerealty

Junior Member
What is the name of your state (only U.S. law)?
New York
I have an insurance company who canceled me and is now taking me to court for premiums supposedly still due. The court is in the city of NY, NY state. I live 3 hours away. I sent a registered letter requesting that it be dismissed for jurisdiction since I don't live here and I don't work there. Can they do this? I received a pre-trial conference date today in the mail.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
New York
I have an insurance company who canceled me and is now taking me to court for premiums supposedly still due. The court is in the city of NY, NY state. I live 3 hours away. I sent a registered letter requesting that it be dismissed for jurisdiction since I don't live here and I don't work there. Can they do this? I received a pre-trial conference date today in the mail.
Read your policy to see if you accepted NY, NY as the venue for matters such as this.

Please keep in mind that sending a letter is not the proper way to challenge jurisdiction.
 

gagerealty

Junior Member
Read your policy to see if you accepted NY, NY as the venue for matters such as this.

Please keep in mind that sending a letter is not the proper way to challenge jurisdiction.
I don’t see anything in the policy about jurisdiction at all.
What is the proper way to dismiss for jurisdiction? I wrote a letter to the court and the other side's attorney.
 

Zigner

Senior Member, Non-Attorney
I don’t see anything in the policy about jurisdiction at all.
What is the proper way to dismiss for jurisdiction? I wrote a letter to the court and the other side's attorney.
I suspect you aren't looking in the right place. Also, when you obtained this insurance, did you live in the city?
 

latigo

Senior Member
What is the proper way to dismiss for jurisdiction?
You are asking the wrong question as your situation is one involving venue and not jurisdiction. And there is no way to have this lawsuit dismissed due to improper venue. Jurisdiction and venue are distinct terms; venue having to do with the place (city, county, borough, etc.,) where a court trial is held and conducted.

Jurisdiction has to do with the a court's authority to sit and preside over a given lawsuit. It is two-fold involving (1) having jurisdiction over the subject matter of the lawsuit, and (2) jurisdiction over the parties to the lawsuit enabling it to issue enforceable decisions affecting the rights and duties of the parties to the lawsuit

As the defendant in the lawsuit you have the qualified right to have the venue (place of trial) of the lawsuit removed from whichever city borough where it has been filed to the appropriate court conducting business covering your place of your residence. (See: New York Civil Practice Law and Rules § 503 (f) and § 510)

I say you have "the qualified right" to have the venue transferred as opposed to an absolute right to have the case removed because of the specific language in the NY Rule; to-wit:

"§ 510. Grounds for change of place of trial. The court, upon motion, MAY change the place of trial of an action where: 1. the county designated for that purpose is not a proper county; or 2. there is reason to believe that an impartial trial cannot be had in the proper county; or 3. the convenience of material witnesses and the ends of justice will be promoted by the change." (Noting that removal to the defendant's place of residence is not made mandatory.)

However, you must act promptly because here venue is not jurisdictional. Meaning that if your motion is not timely filed and served and/or it is denied, the court has the authority to proceed with the case.
 

gagerealty

Junior Member
Thanks for the help!

I sent in the new request for venue change. Well see what happens.

You are asking the wrong question as your situation is one involving venue and not jurisdiction. And there is no way to have this lawsuit dismissed due to improper venue. Jurisdiction and venue are distinct terms; venue having to do with the place (city, county, borough, etc.,) where a court trial is held and conducted.

Jurisdiction has to do with the a court's authority to sit and preside over a given lawsuit. It is two-fold involving (1) having jurisdiction over the subject matter of the lawsuit, and (2) jurisdiction over the parties to the lawsuit enabling it to issue enforceable decisions affecting the rights and duties of the parties to the lawsuit

As the defendant in the lawsuit you have the qualified right to have the venue (place of trial) of the lawsuit removed from whichever city borough where it has been filed to the appropriate court conducting business covering your place of your residence. (See: New York Civil Practice Law and Rules § 503 (f) and § 510)

I say you have "the qualified right" to have the venue transferred as opposed to an absolute right to have the case removed because of the specific language in the NY Rule; to-wit:

"§ 510. Grounds for change of place of trial. The court, upon motion, MAY change the place of trial of an action where: 1. the county designated for that purpose is not a proper county; or 2. there is reason to believe that an impartial trial cannot be had in the proper county; or 3. the convenience of material witnesses and the ends of justice will be promoted by the change." (Noting that removal to the defendant's place of residence is not made mandatory.)

However, you must act promptly because here venue is not jurisdictional. Meaning that if your motion is not timely filed and served and/or it is denied, the court has the authority to proceed with the case.
 

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