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Sunday, April 20, 2008
Geographical jurisdiction.
I'm certainly glad that you asked me the question you just did because it gives me the opportunity to write about another very important subject and include it in my new book before tomorrow's publication date.

The court lacks geographical jurisdiction to act upon the plaintiff's complaint because you are not a resident of the geographical area which the court has jurisdiction. Only a state court in your state and county
of residence has jurisdiction to hear the case and rule on it in most instances. There are exceptions to that rule which you need to be aware of however. The plaintiff has the right to bring suit on a contractual obligation in the state and county the contract was consumated if it is for something like the purchase of a home or other real property because that is where the property is located. The plaintiff might also be able to bring suit in a state other than that in which the debtor resides on some other types of contracts such as the purchase of an automobile or other obligations but if the debt is for something such as a credit card debt then they must bring suit in the state and county in which the debtor resides. So while the type of debt can make a difference about where the plaintiff can lodge the suit the venue might very well be in the state and county where the debtor currently lives and the laws of that state are what will apply.

So, if the debt is of such a nature that the suit must be brought in your home state then the debtor would be well advised to file a motion
to dismiss for lack of geographical jurisdiction with the court where the suit has been lodged and all applicable considerations are met the
court will have little choice but to dismiss outhe plaintiff's case.

Of course, you will have to prove where you currently live and include documentation to back it up and that will reveal your whereabouts to the plaintiff who will then proceed to bring suit where you live. However the benefits of bringing the action to your home jurisdiction has the advantage that you don't have to go to the other state or county to defend and if the distance between the two is great the savings in gas, time and other expenses will be great. You will also have more time to prepare for the upcoming case which my new book can also teach you how to do without hiring a lawyer. My new book can also teach you how to prepare your motion to dismiss for lack of geographical jurisdiction. These things are really not all that hard to do. My book teaches about all the other forms that need to go along with the motion to dismiss such as the certificate of mailing and the order of the court and the notice of hearing. Those are all covered in my book. Of course, in the event that you read the book and think you
need more intensive instruction you can always become a creditwrench student and get one on one instruction by phone and by email to be absolutely certain that your work is in order and properly done.

Bill Bauer
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