Affirmative Defense - Lack of Subject Matter Jurisdiction

[freefire24]

What is the name of your state? KY

I was sued in small claims court for an unsecured debt. I submitted my answer to the court, in which I denied each claim made by the plaintiff and stated my affirmative defense of lack of subject matter jurisdiction. My reason for using this was due to the arbitration clause in the contract that the plaintiff referenced. I provided a copy of that specific clause with an affidavit stating that it was a true and correct copy. A few weeks later (today) I received a letter directly from the plaintiff labeled Plantiffs first set of interrogatories. They wrote a certificate of service at the bottom, but it was sent regular mail. This was not stamped by the court so it is my assumption that they didn’t file it, and from what I’ve read so far -they aren’t required to. My question/concern is - am I required to answer their request since I am claiming a LOSMJ? And if so, what would be the correct way to respond to the questions? Is there one objection that can be used for each question? I tried to explain the best I could, apologies beforehand. Thank you.

 

[adjusterjack]

Are you sure you are in small claims court? I ask because I don't see anything on the small claims summons or complaint forms or in the small claims guide that allows or requires an answer or discovery.

https://kycourts.gov/resources/legalforms/LegalForms/180.pdf

https://kycourts.gov/resources/legalforms/LegalForms/175.pdf

https://kycourts.gov/resources/publicationsresources/Publications/P6SmallClaimsHandbookweb.pdf

If none of that looks familiar and you are being sued for more than $2500 you are likely to be in regular court where an answer and discovery is proper.

If you are in regular civil court, that you raised an affirmative defense of LOSMJ doesn't stop the lawsuit in its tracks. That defense gets brought up at the trial if you didn't ask for a dismissal or pre-trial hearing on it. Meantime, discovery is proper and you do have to respond to the interrogatories or be compelled to do so by the court. You can also seek discovery from the other party as well.

How you answer questions is truthfully. If you want to answer each question with LOSMJ, that's up to you. I don't know if dodging the questions like that is proper or not.

 

[freefire24]

I misspoke, I received a civil summons for district court. In my answer I used LOSMJ as affirmative defense and then requested dismissal based on that fact. I was informed, or maybe misinformed that in KY you could request that in your answer. I’m not attempting to dodge any questions, I just do not want to answer in a way that would put my defense in jeopardy. This should heard by an arbitrator, not the court - in my opinion

 

[adjusterjack]

I misspoke, I received a civil summons for district court.

Then you are going to want to study the KY Rules of Civil Procedure:

https://casetext.com/rule/kentucky-court-rules/kentucky-rules-of-civil-procedure

And see if your local court has any local rules.

In my answer I used LOSMJ as affirmative defense and then requested dismissal based on that fact. I was informed, or maybe misinformed that in KY you could request that in your answer.

Yes, that's how you do it. Though a request for dismissal might not get ruled on until after discovery is completed. I don't know. My knowledge is limited to what I can find online in the time available to me.

I’m not attempting to dodge any questions, I just do not want to answer in a way that would put my defense in jeopardy. This should heard by an arbitrator, not the court - in my opinion

I didn't mean "dodge" in the sense of doing anything wrong. It might or might not be proper to object to each question on the grounds that the court lacks subject matter jurisdiction.

In fact, now that I think about it, that affirmative defense might have been in error because the court does have subject matter jurisdiction. Think of it this way. The judge is the one to decide whether or not to dismiss based on your contractual agreement for arbitration, right. He would certainly have to have subject matter jurisdiction in order to make that ruling.

I also noted that you attached your contract and affidavit to your answer. Evidence is generally not supposed to be attached to a complaint or answer. Evidence gets presented at trial.

Civil lawsuit timelines generally look like this:

Complaint
Answer - often within 20 to 30 days of the complaint
Discovery period - often a few months
The court is notified of completion of discovery by the filing of a motion to set a trial date
Trial - is when evidence is presented and defenses are raised.

From the filing through the discovery period I doubt that the judge will ever see the file until just before the trial date.

On the other hand I could be wrong about everything since I am a stranger on the internet. If you are being sued for a lot of money you would be wise to consult an attorney.

 

[Taxing Matters]

In the jurisdictions in which I practice a motion to dismiss does not stop the litigation process until the court grants the dismissal. Thus, the parties would still have to respond to discovery requests, etc., until the court issues the dismissal. But this is very much a state law issue and Kentucky may have a different rule. I don't think we have anyone here who practices in Kentucky so I suggest you either go to a law library and find a good treatise on litigation in Kentucky or consult a civil litigation attorney for the answer to this one.

 

[freefire24]

Thank you both for the quick responses, good information and I appreciate it.

 

[adjusterjack]

Just out of curiosity, how much are you being sued for? Why does the plaintiff think you owe it? Why do you think you don't?

Sometimes knowing the issues can result in helpful comments.

 

[zddoodah]

am I required to answer their request since I am claiming a LOSMJ?

Yes, unless you obtain a protective order from the court.

what would be the correct way to respond to the questions?

How could anyone here possibly know? We known nothing about your case (other than that it apparently involves a contract), and no one here knows what questions you were asked.

Is there one objection that can be used for each question?

Likewise, no one here has any way of knowing what objections, if any, might be appropriate.

I submitted my answer to the court, in which I denied each claim made by the plaintiff and [alleged] my affirmative defense of lack of subject matter jurisdiction.

Note the edit I made to your statement above. Just because you allege a lack of SMJ doesn't mean much of anything other than that you'll have an opportunity to prove your defense at the time of trial. Why didn't you make a motion to dismiss or stay the lawsuit pending arbitration?

I was informed, or maybe misinformed that in KY you could request that in your answer.

Well...you did do exactly that, and it's certainly an appropriate affirmative defense to allege. However, it's nothing but an allegation -- no different than the allegations in the plaintiff's complaint. If you want the court to act on it before the time of trial, you'll have to make a motion.

 

[quincy]

What is the name of your state? KY

I was sued in small claims court for an unsecured debt. I submitted my answer to the court, in which I denied each claim made by the plaintiff and stated my affirmative defense of lack of subject matter jurisdiction. My reason for using this was due to the arbitration clause in the contract that the plaintiff referenced. I provided a copy of that specific clause with an affidavit stating that it was a true and correct copy. A few weeks later (today) I received a letter directly from the plaintiff labeled Plantiffs first set of interrogatories. They wrote a certificate of service at the bottom, but it was sent regular mail. This was not stamped by the court so it is my assumption that they didn’t file it, and from what I’ve read so far -they aren’t required to. My question/concern is - am I required to answer their request since I am claiming a LOSMJ? And if so, what would be the correct way to respond to the questions? Is there one objection that can be used for each question? I tried to explain the best I could, apologies beforehand. Thank you.

You mention an arbitration clause in the contract you have with the creditor. Was the arbitration to be in Kentucky, under Kentucky laws?

A motion to dismiss on jurisdictional grounds generally will only delay the legal action. The lawsuit might be dismissed but it will be dismissed “without prejudice,” which means the plaintiff can refile the suit in the proper court.

 

[Litigator22]

What is the name of your state? KY

I was sued in small claims court for an unsecured debt. I submitted my answer to the court, in which I denied each claim made by the plaintiff and stated my affirmative defense of lack of subject matter jurisdiction. My reason for using this was due to the arbitration clause in the contract that the plaintiff referenced. I provided a copy of that specific clause with an affidavit stating that it was a true and correct copy. A few weeks later (today) I received a letter directly from the plaintiff labeled Plantiffs first set of interrogatories. They wrote a certificate of service at the bottom, but it was sent regular mail. This was not stamped by the court so it is my assumption that they didn’t file it, and from what I’ve read so far -they aren’t required to. My question/concern is - am I required to answer their request since I am claiming a LOSMJ? And if so, what would be the correct way to respond to the questions? Is there one objection that can be used for each question? I tried to explain the best I could, apologies beforehand. Thank you.

It would have been simpler and timesaving had you first filed and noticed for hearing a Rule 12 motion to dismiss based upon the arbitration clause. However, if you will read the rules carefully you will find that:

"WHENEVER (as in "at anytime) it appears that the court lacks jurisdiction of the subject matter, the court SHALL dismiss the action." (Emphasis added) (See: Ky. R. Civ. P. 12.08 (3)

Accordingly, I see nothing to prevent you from filing and noticing up such a motion now and prior to responding to discovery requests.

 

[Litigator22]

. . . .
A motion to dismiss on jurisdictional grounds generally will only delay the legal action. The lawsuit might be dismissed but it will be dismissed “without prejudice,” which means the plaintiff can refile the suit in the proper court.

Q, you are missing the point. What is at issue here isn't whether or not this particular tribunal is the proper court to adjudicate the parties' dispute. It's a question of whether or not any court has jurisdiction to do so.

And that determination rests on whether or not the parties are contractually bound to arbitration. If so, then no court has jurisdiction over the subject matter!

 

[quincy]

Q, you are missing the point. What is at issue here isn't whether or not this particular tribunal is the proper court to adjudicate the parties' dispute. It's a question of whether or not any court has jurisdiction to do so.

And that determination rests on whether or not the parties are contractually bound to arbitration. If so, then no court has jurisdiction over the subject matter!

Ah. You’re right. I missed the point.

I sometimes do that.

 

[Litigator22]

Ah. You’re right. I missed the point. I sometimes do that. (!)

(Did anybody happen to get the tag number off of that feather that just knocked me over?!)

 

[quincy]

(Did anybody happen to get the tag number off of that feather that just knocked me over?!)