re: response

greatwolf75 · #1 05-26-2007, 11:15 AM

Can anyone tell me how to respond to a court case that is filed against you in a different state? If it's in a different state, do you respond using that states laws? Also what form do you use to respond to an attorney letter. The attorney has sent the letter and I need to know how respond to his garbage which is full of lies and half truths. I also need to make sure my response gets it way to the judge as I can not be there, it's over 700 miles away after all. Can anyone help with these questions please?

charlesa6 · #2 05-26-2007, 08:14 PM

I think that violate interstate commerce. If I were you, I wouldn't do jack s***t. Send the letter, summons whatever back to where it comes from, and mark it "Refuse for cause". If they want to file lawsuit for the alleged debt against you, they have to do it in your state where you reside period.

Extramural · #3 05-26-2007, 08:34 PM

Yep. Right on Charlse

masterduke · #4 05-26-2007, 10:31 PM

They have to file the suit in your local district court. So it has to be the city or township where you reside. Unless this is a "binding abribtration award" crapola hearing? Then they can jab you from an out of state location(I believe). If that is the case then you would need to file an appeal to their "award"(which they always get) in a Federal District court. And you will have 90 days to dispute this or it considered 'settled'. After that it's almost impossible to get the matter heard in court. The judge will not let it be brought(lets them off the hook quick and easy). So a Procedure(Arbitration) that IS NOT considered a 'legal procedure' in the eyes of the court(thus allowing a paralegal to do all of the paper work, handling, of the case of course without offering any "legal advice") but the court will recoganize the "award" as binding and due, and after 90 days forever settled???? With virtually no chance to have it overturned or appealed. What kind of bass ackward logic is going on there? Sounds like a bankster scam to me.

greatwolf75 · #5 05-27-2007, 03:04 PM

This is actually a divorce issue. So would everything you guys said still work? My thing is I want the divorce but they are going by the laws in tennessee and I am in Florida. Most of the stuff that they have in the complaint is a flat out lie and she wants alimony. She claims she can't work but was doing fine until a couple of weeks before this was started.

joseph sugarman · #6 05-27-2007, 03:51 PM

Did you live in Tennessee as married to this woman? Did the marriage take place in Tennessee?

greatwolf75 · #7 05-28-2007, 10:07 AM

We were married in kentucky. We lived in ky for a while then seperated after a little while in tennessee.

joseph sugarman · #8 05-28-2007, 07:02 PM

Read 36-4-104 Residence Requirements of the Tennessee Code to see if it applies to you. In the future please give more specific answers than just " a little while."

Notorial dissent · #9 05-28-2007, 09:01 PM

If your ex-wife/wife is living in KY then it makes sense that that is where she would be seeking a dissolution from. Otherwise, who knows? I would suspect, that unless you are contesting the divorce, or if there are property or alimony questions then it will be pretty much an operation of law if you don’t reply, but it could also leave you open to all sorts of things you don’t want to be involved in. You do need to find out what exactly is going on.