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Got a summons from out of state..

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M

MKIV

Guest
What is the name of your state? VA

I got a summons in a civil case to appear in NC. I have 30 days to reply. I know that I cannot be compelled to drive to NC for a civil case, so can they try the case without me? Should I get a VA attorney or NC attorney? Can I have the case dismissed? Any help would be great.. thanks..
 


I AM ALWAYS LIABLE

Senior Member
MKIV said:
What is the name of your state? VA

I got a summons in a civil case to appear in NC. I have 30 days to reply. I know that I cannot be compelled to drive to NC for a civil case, so can they try the case without me? Should I get a VA attorney or NC attorney? Can I have the case dismissed? Any help would be great.. thanks..

My response:

What is the lawsuit about; e.g., contract, auto accident, etc.?

What "contacts" do you have, or did you have, with the State of North Carolina? Do you have property there? Do you run a business that ships there?

IAAL
 
H

hexeliebe

Guest
and does this have anything to do with your OTHER post?
 
M

MKIV

Guest
Yes this is all concerns my other posts...

I have no assets in NC, but if I do not answer the summons what can happen?
 
H

hexeliebe

Guest
You will be found in contempt of court and an arrest warrant will be issued.

Now, go back to all your other posts and delete them, then come back here and put the facts, all of the facts, in one place. Otherwise you'll piss off a lot of people who might decide to help you.
 
M

MKIV

Guest
In his summons, he says I illegally siezed the vehicle which is legally his under contract. I didn't seize it, the police did, because he was using false plates, registration, and had no insurance. They ran the VIN and it showed me as the registered owner, that's why they release it to me. So anyway, yeah he's seeking unjust enrichment, because he spent money on repairs, and punitive damages, because he has no transportation.

I know I have a good defense, because he never paid for the car, breached the contract by not making payments, used a fake registration. I just don't want to waste my money on a lawyer if I don't have to. Right???
 
H

hexeliebe

Guest
Wrong!

You counter-sue this whinney little punk for breach of contract, your costs in recovering the car, any damage the car has sustained in the transport, police impound costs, etc.

In other words, hire a lawyer in NC to file a counter claim.
 
M

MKIV

Guest
I'm a VA resident.. I have no assets in NC and I've only been there to pick up the car from the police dept. Can motion that this case should've been filed in VA? I don't think I should be the one driving to NC to goto court, he should be coming up here. Right?
 
H

hexeliebe

Guest
Wrong. He can file because he alleges the violations occurred IN North Carolina.
 
M

MKIV

Guest
I'm preparing a rough draft of my answer to the complaint, that way I can quickly and accurately summarize the story to the attorney. I will also file a counterclaim and wanted to know how do I incorporate my evidence (ei, emails, his fake registration, property transfer from NCPD) in the answer. I have dozens of emails I printed out and I use them?

Also, what happens after my answer is recieved, do I set-up a court date or does the plaintiff?
 

JETX

Senior Member
Lot of legal issues here... you don't present your evidence in your answer. Make it a simple denial. Present your evidence at the hearing.

You can also contact the court to find out their procedures for a counter-suit. Then, counter and have him served.

Then, you will be noticed of the hearing. Attend and present your evidence.

"You will be found in contempt of court and an arrest warrant will be issued."
*** That is NOT correct. I would assume that the responder (Hex?) misunderstood you to be under a SUBPOENA, not a summons/complaint.
 
H

hexeliebe

Guest
"You will be found in contempt of court and an arrest warrant will be issued."
*** That is NOT correct. I would assume that the responder (Hex?) misunderstood you to be under a SUBPOENA, not a summons/complaint.
I honestly don't remember which it was in his original post but yes, I did say that to him and since I do know the different I will accept that I may have misunderstood his original post.

After all Jet, I'd hate to think my years of drugging have gotten me so muddled I would argue such a point :eek:
 
M

MKIV

Guest
I'm back for more advice..

I fax the complaint to and consulted an attorney in NC, she said I have a couple defenses. She said the plaintiff didn't even sign the complaint and that I would have the case thrown-out for that. She also said I can file a motion to change venue, since the contract took place in VA beach. Then she asked for a $1000 retainer upfront for the case.. I was like thank you.. but I can't afford that.. So she said I can answer the complaint and file the motion to change venue myself. How likely can I have the case thrown out because of the plaintiff's missing signature? And how approves the change of venue?
 
M

MKIV

Guest
Here's what I've decided.. I'm going to file a motion for dimissal, based on lack of personal jurisdiction and improper service of process. I would like to know when I prepare my motion should I include a separate answer for the complaint, or should I combine them all in one? Please advise..
 
M

MKIV

Guest
I just got a letter from the courthouse for "One Day Motions," I'm assuming I have to present my reasons for my motion to dismiss.. Can anyone give me any advice when I go to court?
 

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