Being sued for $2000 in another state

[squidbilly]

I am being sued in small claims court in MA by an old "friend" who says they loaned me $2000 over 10 years ago. I have not heard anything from this person in 9 years and feel they are just desperate for money (going through a divorce and has a restraining order against them) as I have no idea what they are talking about. We attended college together in MA and that is where they allege the loan took place. I now live in MS and have for the past 9 years. Does the MA court have any personal jurisdiction? Can I not file a motion to dismiss? What about the statute of limitations of 6 years for verbal or written contracts in MA. Don't they need to provide some proof? I have no way to travel to MA or hire a lawyer in MA. I should have rights!!! Please help.

 

[HighwayMan]

If you haven't heard from this person in 9 years how do you know about all of his/her personal problems?

Of course you have rights, including the right to defend yourself, which you should certainly start to exercise.

 

[squidbilly]

If you haven't heard from this person in 9 years how do you know about all of his/her personal problems?

Of course you have rights, including the right to defend yourself, which you should certainly start to exercise.

I found out through another old schoolmate and yes .... I plan on defending myself (I just got the notice Thursday) which is why I am here. Exactly what is the purpose or helpfulness in your questioning? Is this a forum for Free Advice or a place for Unwarranted Judgement?

 

[HighwayMan]

So then proceed. You'll have to appear in court to defend yourself or you'll have to hire an attorney to appear for you.

You can file whatever motion you'd like - just what do you plan on writing in your motion?

 

[Zigner]

I found out through another old schoolmate and yes .... I plan on defending myself (I just got the notice Thursday) which is why I am here. Exactly what is the purpose or helpfulness in your questioning? Is this a forum for Free Advice or a place for Unwarranted Judgement?

Now now, let's not get rude with the nice volunteer(s)...

 

[squidbilly]

So then proceed. You'll have to appear in court to defend yourself or you'll have to hire an attorney to appear for you.

You can file whatever motion you'd like - just what do you plan on writing in your motion?

Motion to dismiss for lack of personal jurisdiction of the court

 

[squidbilly]

Now now, let's not get rude with the nice volunteer(s)...

And his response wasn't rude? Yes, please assume I am lying about an insignificant detail or that I am just plain stupid rather than offering anything helpful or in any way addressing any questions I asked.

 

[Zigner]

And his response wasn't rude? Yes, please assume I am lying about an insignificant detail or that I am just plain stupid rather than offering anything helpful or in any way addressing any questions I asked.

There was no assumption about you lying or that you were stupid, and oftentimes people leave out important information from their posts. You are overly sensitive and, honestly, owe the HighWay Man (a well-respected senior contributor to this forum) an apology.

 

[squidbilly]

There was no assumption about you lying or that you were stupid, and oftentimes people leave out important information from their posts. You are overly sensitive and, honestly, owe the HighWay Man (a well-respected senior contributor to this forum) an apology.

I am not overly sensitive ... I came and asked a question spelling out the relevant details as best I could. His responses were condescending and not even close to providing anything helpful (oh, so I need to defend myself and I can indeed file motions ... wow thanks). What possible help would I take from anything he has added thus far? I have no care of who or what he is here in these forums or how respected or senior he is. His response was totally unnecessary, and there absolutely will be no apology.

 

[Just Blue]

And his response wasn't rude? Yes, please assume I am lying about an insignificant detail or that I am just plain stupid rather than offering anything helpful or in any way addressing any questions I asked.

No. The volunteers post was not, in anyway, rude. You however are. Hire an attorney to advise you.

 

[HRZ]

Dont bite the hand of volunteers....

A few other random thoughts :

MA has a "long arm statute" which sometimes can apply to deals done in MA quite some time earlier even if you later left the state.....be careful.

What did plaintiff claim , exactly.?

Note an oral,deal if there ever was one , that spanned more than 1 year might be barred by MAs statute of frauds....which essentially says it must be in writing

The statute of limitations on supposed debt might be suspended for years you are out of state, I don't know but do you?

 

[Just Blue]

I am not overly sensitive ... I came and asked a question spelling out the relevant details as best I could. His responses were condescending and not even close to providing anything helpful (oh, so I need to defend myself and I can indeed file motions ... wow thanks). What possible help would I take from anything he has added thus far? I have no care of who or what he is here in these forums or how respected or senior he is. His response was totally unnecessary, and there absolutely will be no apology.

Good Bye. Pay an attorney to advise you.

 

[squidbilly]

Dont bite the hand of volunteers....

A few other random thoughts :

MA has a "long arm statute" which sometimes can apply to deals done in MA quite some time earlier even if you later left the state.....be careful.

What did plaintiff claim , exactly.?

Note an oral,deal if there ever was one , that spanned more than 1 year might be barred by MAs statute of frauds....which essentially says it must be in writing

The statute of limitations on supposed debt might be suspended for years you are out of state, I don't know but do you?

Thank you HRZ for your response and offer to help. They claim they loaned me $2000 over 10 years ago and are "demanding" it back now because they need the money. That is it.

 

[Just Blue]

Dont bite the hand of volunteers....

A few other random thoughts :

MA has a "long arm statute" which sometimes can apply to deals done in MA quite some time earlier even if you later left the state.....be careful.

What did plaintiff claim , exactly.?

Note an oral,deal if there ever was one , that spanned more than 1 year might be barred by MAs statute of frauds....which essentially says it must be in writing

The statute of limitations on supposed debt might be suspended for years you are out of state, I don't know but do you?

Personally I don't think we should assist nasty people that are rude to the volunteers here. I am very aware of the laws in Mass regarding OP's issue. But s/he was rude...

 

[HRZ]

Well to that I agree.