Answer form for Magistrate court

[Springerou812]

What is the name of your state (only U.S. law)? Nebraska, a few days ago I received a civil summons from the magistrate court of Upshur county West Virginia. I need to respond via the answer form which I plan on denying the matters set forth in the complaint. As one of my defenses am I able to ask for a motion to dismiss for lack of personal jurisdiction since this is in WV and I'm in Nebraska or do I need an attorney to do this? Thanks

 

[TigerD]

We need more information. Why were you sued in W. Va.? What connections with W. Va. do you have?

Google "Special Appearance"

DC

 

[Springerou812]

I had a contract with an individual that resides in West Virginia, he breached the contract I did a dispute on Paypal and the funds were returned to me. Is this enough information?

Thanks

 

[tranquility]

Do you often do business in West Virginia?

 

[Springerou812]

Do you often do business in West Virginia?

No, this was the only time I have ever done business in West Virginia.

 

[tranquility]

Then, you need to follow debtcollector` advice before you "answer".

 

[Springerou812]

Then, you need to follow debtcollector` advice before you "answer".

I've googled special appearance, I'll admit it doesn't make much sense to me.

 

[tranquility]

If you "answer" you may be agreeing to personal jurisdiction. A "special appearance" is a way to assert the claim of lack of jurisdiction without admitting to it.

 

[Springerou812]

If you "answer" you may be agreeing to personal jurisdiction. A "special appearance" is a way to assert the claim of lack of jurisdiction without admitting to it.

Ok, thank you. Can I have an attorney go in my place to court?

 

[TigerD]

Ok, thank you. Can I have an attorney go in my place to court?

Depending on the amount in question, you would be wise to use an attorney.

DC

 

[Springerou812]

Depending on the amount in question, you would be wise to use an attorney.

DC

Thanks DC. The amount is $995. I'll probably spend that much on an attorney but I certainly can't travel to West Virginia for much less. I guess that's why I was wondering if it was possible to handle it via the "answer form" from the court.

 

[tranquility]

You could "handle" it that way, but you would be submitting yourself to the jurisdiction of the court.