Shoul I seek dismissal? Please help

[jtha49]

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

I have what I believe to be a jurisdictional issue and would like to know if it may be possible to get the case and judgment dismissed.

This is a debt collection case filed in Jefferson County Colorado Civil Court.

On the "Verified Complaint" page in the documents pertaining to this case the first statement inaccurately claims "Venue is proper in Jefferson County because the Defendant(s) reside within this County and/or the Defendant(s) entered into a contract within Jefferson County".

As for the residing within Jefferson County, this statement lists an address I resided in Jefferson County over 7 years ago. I have since made change of address forms and have received state issued ID with current address all of which is on file with the state of Colorado as well as the USPS.

This case contains three separate claims for relief, of which only a single company involved is located within Jefferson County Colorado.
So the other two contracts were not entered into within Jefferson County.

Please help, I can give more info if needed.
THANKS!

[dfromnyli]

Originally Posted by jtha49

This case contains three separate claims for relief, of which only a single company involved is located within Jefferson County Colorado.
So the other two contracts were not entered into within Jefferson County.

This part has me a bit confused, three different companies are requesting relief in the same complaint? who is the plaintiff?

[jtha49]

Yes three separate companies are all being represented by Wakefield & Assoc. Inc., who is the listed Plaintiff. They are a big collection agency/law firm in the Denver, Colorado metro area. These three claims were all issued in one single complaint/lawsuit. They must have purchased these debts and joined them all together against me.

[You Are Guilty]

Originally Posted by jtha49

Yes three separate companies are all being represented by Wakefield & Assoc. Inc., who is the listed Plaintiff. They are a big collection agency/law firm in the Denver, Colorado metro area. These three claims were all issued in one single complaint/lawsuit. They must have purchased these debts and joined them all together against me.

I admittedly am not familiar with CO procedural law, but if you have an option to plead/argue/move that the joinder of these three plaintiffs is improper, that might be your easiest solution to the problem.

[dfromnyli]

Originally Posted by jtha49

Yes three separate companies are all being represented by Wakefield & Assoc. Inc., who is the listed Plaintiff. They are a big collection agency/law firm in the Denver, Colorado metro area. These three claims were all issued in one single complaint/lawsuit. They must have purchased these debts and joined them all together against me.

In that case, it seems like you should raise a jurisdictional defense as to the two contracts. The third one seems to be okay (the one you admitted was in said county).

[dfromnyli]

Originally Posted by You Are Guilty

I admittedly am not familiar with CO procedural law, but if you have an option to plead/argue/move that the joinder of these three plaintiffs is improper, that might be your easiest solution to the problem.

There are not 3 plaintiffs, there is one plaintiff.

[racer72]

Even if you were to obtain a dismissal based on jurisdiction, all you are doing is delaying the inevitable, they will just sue you in the place that has jurisdition.

[jtha49]

Thanks for the advise to everyone.

What I need to ask now then is this:

If I can in fact get the case dismissed due to the jurisdictional error, why are they be able to file another suit against me for the same claims?

Is it possible to have a judgment dismissed by one county court only to be tried in another county for the same claims? I don't understand. Maybe I am mixed up with criminal court proceedings that say you cannot be tried for the same crime twice? Please straighten this out for me, thanks!

[dfromnyli]

Originally Posted by jtha49

Thanks for the advise to everyone.

What I need to ask now then is this:

If I can in fact get the case dismissed due to the jurisdictional error, why are they be able to file another suit against me for the same claims?

Number one, you are not likely to get the whole case dismissed. Just the causes of action you stated do not have proper jurisdiction. The one you said that jurisdiction is proper there is no need to throw that cause of action out. It will stand and unless you provide some miraculous defense there will be a judgment obtained against you for that amount in the complaint.

And secondly, I can gaurantee you with the utmost certainty the attorneys office will find where the proper jurisdiction for the other causes of action and refile a lawsuit against you. And yep you are confused criminal procedure and civil procedure are two totally different animals.

[latigo]

This is an issue involving venue and not jurisdiction. Jurisdiction has nothing to do with your situation.

Furthermore, you cannot seek dismissal of a cause of action upon the issue of venue. If a motion to change venue is granted, the court simply transfers the case to the other county.

If the Jefferson County Colorado Civil Court is a court of general jurisdiction, and I assume that it is, then that court has subject matter jurisdiction. And if you were personally served within the state with a process issued out of that court, then that court has jurisdiction to issue an enforceable judgment against you.

In fact venue is proper in Jefferson county until it is timely shown that you have the right to have it changed.

Moreover, if you make a general appearance that right may be waived.

You need to consult with a local attorney. If you intend to move for a change of the forum, there will undoubtedly be time constraints.

Personally, I’ve never heard of this business of the defendant having signed a contract in a county other than the defendant’s as setting forum priority over the county of the defendant’s residence.

It sounds to me that the attorney for the plaintiff is confusing the Colorado’s long arm statute (personal jurisdiction over a nonresident based on the act of doing business within the state) with venue within the state. But I’m not qualified to say. Your attorney will be.


As far as joinder of the separate counts, that is universally permissible. In fact favored by the courts to avoid multiple lawsuits. But you can't contest that until venue is finally settled.

[dfromnyli]

Originally Posted by latigo

This is an issue involving venue and not jurisdiction. Jurisdiction has nothing to do with your situation.

Jurisdiction is the power, right, or authority to interpret and apply the law. If he does not live in that county and never transacted business in that county then the court has no jurisdiction to hear the case. So yes jurisdiction has everything to do with his situation.

Originally Posted by latigo

Furthermore, you cannot seek dismissal of a cause of action upon the issue of venue. If a motion to change venue is granted, the court simply transfers the case to the other county.

This is wrong for the reasons I stated above, the issue is not the venue itself but the jurisdiction the court has in hearing the case.

Originally Posted by latigo

If the Jefferson County Colorado Civil Court is a court of general jurisdiction, and I assume that it is, then that court has subject matter jurisdiction. And if you were personally served within the state with a process issued out of that court, then that court has jurisdiction to issue an enforceable judgment against you.

Again, if he does not live in Jefferson county and never transacted business there the court does not have jurisdiction.

Originally Posted by latigo

Personally, I’ve never heard of this business of the defendant having signed a contract in a county other than the defendant’s as setting forum priority over the county of the defendant’s residence.

This actually happens a lot.

Originally Posted by latigo

As far as joinder of the separate counts, that is universally permissible. In fact favored by the courts to avoid multiple lawsuits.

I'll agree with this.

[KenGib]

I would disagree, possibly, with Latigo. In Missouri, at any rate, venue is jurisdictional when it comes to whether the court has a right to hear the case. It may or may not be the same in Colorado.

But I do know this: under the Fair Debt Collection Practices Act it is an unfair practice (which violates the act and subjects them to damages and attorneys fees) to file a collection action in an improper jurisdiction. Although the collector had proper jurisdiction to file one claim, the others are probably filed in violation of the FDCPA. Which makes common sense, since otherwise collectors could join small claims to large ones, bring actions in distant courts, and clean up when you couldn't afford to defend.

Finally, I would also disagree with the person who guaranteed you that the collector would refile in the proper jurisdiction. For a variety of reasons they might find that inconvenient. They could easily let it drop. There's obviously no shortage of debt out there, and they're looking for the easy pickings.

[dfromnyli]

Originally Posted by KenGib

Finally, I would also disagree with the person who guaranteed you that the collector would refile in the proper jurisdiction. For a variety of reasons they might find that inconvenient. They could easily let it drop. There's obviously no shortage of debt out there, and they're looking for the easy pickings.

Nah, the attorneys are listed as the plaintiff which means they bought the debt most likely for no more then 8-10 cents on the dollar. Filing another lawsuit in the proper jurisdiction could not be more then $200-$400 dollars.

[tranquility]

Venue is not jurisdiction in any state. They are different concepts although the effect of certain problems may be the same.

Civ pro on the forum! Party on!

Both latigo and dfromnyli have shown some skill in answers in the forum. But Civil Proceedure is hard and, often, subtle. I suspect it will be difficult to discuss the issues raised in this thread without a lot of ground work and expression of assumptions. But, if the parties disagree, I'll get the popcorn. There's gonna be a show!

Info edit:

A great CO case on the venue/jurisdictional issues and all the relevant laws the OP can look up to see how to go is at:
[url]http://www.courts.state.co.us/Courts/Court_of_Appeals/opinion/2009/2009q1/08ca1442.pdf[/url]

"Civ Pro #1 for brain hurtin'!"
--tranquility

[dfromnyli]

Originally Posted by tranquility

Venue is not jurisdiction in any state. They are different concepts although the effect of certain problems may be the same.

very well put. The court's jurisdiction may make the venue an improper one. Quick example that I often run into when drafting summonses in NY.

The district court that we file a ton of law suits in only covers Suffolk county up to an including the city of Wading River. Any residence of a defendant, or business transaction that takes place east of this city the court has told us they do not have jurisdiction, thus making the venue improper. In these instances we must sue the defendants in the Supreme Court of Suffolk County which has general jurisdiction over the entire county.