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elliebean

Junior Member
What is the name of your state? MD

I want to thank you for providing me with the most helpful information I have received on this board regarding my small claims court issue involving my lost auto sale and the lack of jurisdiction/venue.

I received quite a few nasty comments as well so I haven't found my experience on the forum to be very positive .

So thanks for being kind and answering my questions..as silly as they may seem to non-lawyers :)
 


R

rmet4nzkx

Senior Member
elliebean said:
What is the name of your state? MD

I want to thank you for providing me with the most helpful information I have received on this board regarding my small claims court issue involving my lost auto sale and the lack of jurisdiction/venue.

I received quite a few nasty comments as well so I haven't found my experience on the forum to be very positive .

So thanks for being kind and answering my questions..as silly as they may seem to non-lawyers :)
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I didn't respond to your threads at all, however, a part of the problem you had was because you posted a number of different threads with different sets of facts making it difficult to provide you with advice that was appropriate overall. You received appropriate advice from several persons, some of whom were attorneys, you also received appropriate advice from some laypersons, all of whom deserve to be thanked.

By the way, the JETX admitted to making "yelling" comments and deleted them.
JETX said:
And with that... it is clear that there are other facts provided... apparently in other posts.... so have deleted my 'yelling' response in this thread. :D
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Insofar as your options. Since you didn't accept jurisdiction because your case wasn't heard and the clerk of the court will allow you to file a motion to dismiss because DC is the wrong jurisdiction, do that by all means and research MD small claims court in case the disgruntaled buyer eventually files in MD and be sure as Jetx said in any court papers, to refer to the money as "earnst money".

To assist your research here are 2 links, you may also find assistance or referals through your local court or law library.


District Court of Maryland Self Help
http://www.courts.state.md.us/district/selfhelp/courtissues.html

Maryland Judiciary - Frequently Asked Questions
http://www.courts.state.md.us/faq.html
Good luck.
 
E

elliebean

Junior Member
Thank you very much. And everyone who answered did deserve to be thanked and I did thank some of them. I guess I got sidetracked by some of the less than ncie comments. And I did apologize for posting twice...though they were 2 separate questions. As I stated before, this my first time on the board and i wasn't aware of all the protocal.

Thanks again for your suggestions as well. I am finally egtting a grip on all of this.
 
R

rmet4nzkx

Senior Member
elliebean said:
Thank you very much. And everyone who answered did deserve to be thanked and I did thank some of them. I guess I got sidetracked by some of the less than ncie comments. And I did apologize for posting twice...though they were 2 separate questions. As I stated before, this my first time on the board and i wasn't aware of all the protocal.

Thanks again for your suggestions as well. I am finally egtting a grip on all of this.
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YOu are welcome.

It may seem like different questions but all facts are needed to appropriately answer your question. In your case that jurisdiction question needed to be addressed no matter where the case was filed and even how a case is handled in each jurisdiction and your options. Now had the docket not been jammed and you accepted jurisdiction then you would have not had the option to make a motion to dismiss or the time to prepare your case based on your "contracts" and tender of "ernest money." That is why there was confussion.

Be sure to file the motion to dismiss ASAP and make your notices as required by the DC courts.
 
E

elliebean

Junior Member
One of the clerks (I get different answers dependign on who i talk to) told me that I could either file a motion to dismiss ahead of time...pay the $10 fee and either come in to the courthouse or mail it in. Or I can just do an oral motion to dismiss the morning of court after the judge has done his opening speech and they have done the roll call. After that, I was told to approach the clerk and request that before the court starts hearing cases. She said they do all the motions first and then move on to trials. I asked what the benefit would be for me to file ahead of time and she said there was none. Does this sound right? i just want to be assured that my motion is heard before I have to go to trial. If they deny the motion (which i don't see how they could) I also want to make sure I have time to settle before the trial. As I mentioned in my other post, if I lose this case and there is a judgment against me, I don't want that going on my credit report.

If I did want to counter-sue, when is the best time to do that? I am hoping if it gets dismissed, she will drop it but I am sure she will just re-file in Maryland. Another novice question...can a judgment be filed against a plaintiff or only a defendant?
 
R

rmet4nzkx

Senior Member
elliebean said:
One of the clerks (I get different answers dependign on who i talk to) told me that I could either file a motion to dismiss ahead of time...pay the $10 fee and either come in to the courthouse or mail it in. Or I can just do an oral motion to dismiss the morning of court after the judge has done his opening speech and they have done the roll call. After that, I was told to approach the clerk and request that before the court starts hearing cases. She said they do all the motions first and then move on to trials. I asked what the benefit would be for me to file ahead of time and she said there was none. Does this sound right? i just want to be assured that my motion is heard before I have to go to trial. If they deny the motion (which i don't see how they could) I also want to make sure I have time to settle before the trial. As I mentioned in my other post, if I lose this case and there is a judgment against me, I don't want that going on my credit report.

If I did want to counter-sue, when is the best time to do that? I am hoping if it gets dismissed, she will drop it but I am sure she will just re-file in Maryland. Another novice question...can a judgment be filed against a plaintiff or only a defendant?
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Of course you could decide to countersue for your additional costs and court costs, by accepting jurisdiction in DC or take the chance of getting it dismissed in DC and if they don't sue you in MD, being out the money.

Now you will have to research your options in DC.
Here are several links to the small claims court in DC.

About DC Courts - Representing Yourself (Pro Se Litigants)
DC LAW STUDENTS IN COURT 806 7th Street, NW, Suite 300 Washington, DC 20001 ... Provides assistance with landlord-tenant, bankruptcy, small claims, ...
http://www.dccourts.gov/dccourts/about/prose_links.jsp

District of Columbia Courts
Representing Yourself in the Courts · Representing Yourself in the Courts ... The DC Courts, the judicial branch of the District of Columbia government, ...
http://www.dccourts.gov/

DC Court of Appeals - Representing Yourself in an Appeal
Pro se Small Claims Appeals This guide is only for people who don't have a lawyer and are representing ... 500 Indiana Ave., NW Washington, DC 20001 ...
http://www.dcca.state.dc.us/dccourts/appeals/represent/index.jsp

DC Court of Appeals - Representing Yourself in a Civil Appeal
Don't expect special treatment just because you're representing yourself, everyone has to follow the Rules. ... 500 Indiana Ave., NW Washington, DC 20001 ...
http://www.dcca.state.dc.us/dccourts/appeals/represent/civil.jsp
 
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