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Credit Card Debt Sued by same debt collector for same debt that was heard in another SC county and Judge sent to Jury Trial.

Asked over 2 years ago - Union, SC

I was sued for a summary judgment on a credit card debt in one County in SC. I had answered all the plaintiff's complaints. At the hearing the judge ruled that the case was to go to trial by jury. The plaintiff never followed up on the judge's ruling.

Now the plaintiff has sued in another County in SC. This time the plaintiff didn't have the complaint delivered in person and I never received the complaint and didn't answer. They are seeking Summary Judgment on the same debt that the Judge ruled for the case to go to jury trial in a different county.

Does the plaintiff have to follow the ruling of the first judge before pursuing in this new court?

Thanks,
SCDebts

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Attorney answers (1)

Mark Hankins

Reputation Level 16

Answered over 2 years ago. Corporate / Incorporation Lawyer in Tampa, FL.

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If the case is still pending in the first court, notifying the second court of that fact by means of a motion to dismiss should get the second action dismissed.

If the case was dismissed in the first court for failure to prosecute, you need to find out whether the dismissal was "with prejudice" (meaning they can't sue again) or "without prejudice" (they get another bite if they want it). If it's the former, again you would use a motion to dismiss.

Creditors should sue you in the county where you live. Any other county they choose opens them up to your objection of improper venue or at least "inconvenient forum."

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