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Quaere

Member
atw continue to avoid service for as long as you can. You will need every day you can get to plan and implement your course of action.

The Texas case cannot be transferred to another state.
 


Quaere

Member
You are learning!

The reason I said you can’t transfer between states is that, um, you can’t do it. There is no rule that says it can’t be done, but there is an absence of a rule that says it CAN be done. If your research all of the different types of lawsuit transfers that are possible, you won’t find a transfer between states.

It can’t be done. I don’t know that the following page has reliable material, but it’s the first thing that came up when I googled “transfer suit between states”.

http://law.jrank.org/pages/6987/Forum.html
But, since transfers are limited to courts within the same system or state, a defendant who wants to change from a federal forum to a state court, or to a court in another country, or from a state court of one state to a state court of another state, must still bring a motion to dismiss the action based on forum non conveniens.
 

atw

Junior Member
can’t transfer between states ...an absence of a rule that says it CAN be done.
Not from state to 'state', from state court to federal court.....in my state.
 

Quaere

Member
Well THAT is an entirely different matter.

Yes, you can and should remove the case from the Texas state court to the TEXAS Federal Court.

You cannot transfer the case from the Texas state court to the Michigan Federal Court.

The PLAINTIFF gets to choose the STATE that the case will be heard in (as long as the chosen state has jurisdiction over everyone). The only way you can get that Texas case dismissed so that you are completely out of Texas, is if Texas cannot assert jurisdiction over you.

Of course your other option is to persuade Plaintiff to drop the case.
 

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