wrong jurisdiction and venue

[zoietn40]

A man is suing me for $1000 that he gave to me as a gift while he visited me in TN. He is not a USA citizen. He is visiting in Oklahoma and has filed a suit there in the small claims court. I have never visited or lived in Oklahoma. I have written the county clerk there a Motion to Dismiss due to wrong jurisdiction and venue. I have also addressed a letter giving my side of the story and requesting that the suit be listened to a Tn judge due to the fact that the transition took place here. My question is.....Will the judge there in the Oklahoma courts read and consider my letter and motion to dismiss? Or will I lose by default because I didnt appear? It would cost me more to fly there and to miss work. It would not be financially feasible for me to go there for this amount of money. I would have to stay in a hotel. I would have to go alone and I would not feel safe in this city alone and also knowing that he was there and him knowing that I was alone. Please let me know if there is anything that I need to do before the court date. Thanks

 

[JETX]

This one is kind of hard to answer.... Will the judge read your letter?? Certainly he 'should' read the letter as a response, but will he.... none of us can say.

My suggestion.... rewrite your letter to be a court filing. Since it is Small Claims, it doesn't have to be in any particular format, just be sure that you refer to both parties, the case number and put in bold "Motion to Dismiss due to Venue". Then state the facts ONLY. Do not include a lot of verbiage about whether you or he are citizens, whether you or he have ever been there, what you named your dog, etc. Basically, your position is that this was an unsolicited gift, that it was completely 'performed' in Tennessee and that Oklahoma laws are not involved and that the Oklahoma courts would have no jurisdiction.
Send it Certified RRR (or if you need faster, FAX it and keep a copy of the FAX confirmation).

Then, you should receive a summary notice of dismissal shortly. If you don't, get back here and ask for further help.