How do I file a motion to dismiss for improper venue/jurisdiction?

Asked over 1 year ago - Sarasota, FL

We are being sued in a state that we have never been residents of . The plaintiff was able to get an amended complaint entered that says we were residents of Florida. We have are not residents and have never been residents of Florida. Need help finding and filing the motion for dismiss for improper venue or Jurisdiction.

Attorney answers (2)

  1. Galen J Criscione

    Contributor Level 13

    Answered . You would probably want to file a motion to dismiss in lieu of an answer for lack of jurisdiction. This is done within the time allowed to answer. Then you would set a hearing on that motion. Just note: I don't know the details of the case but there could be jurisdiction in FL even if you don't live there - it depends on the details and circumstances of the case.

    This answer should not be construed as creating an attorney-client relationship, and is for informational purposes... more
  2. Eugene P. Castagliuolo

    Contributor Level 16

    Answered . Yes, I agree with Mr. Criscione. Something doesn't seem right. You're writing from Sarasota. I suspect that they must have some information which would allow them to sue you in Florida even if, as you say, you've never been a resident of FL. Your question is really too much for this forum. Get a free or nominal charge initial consultation with an attorney who can look at your amended complaint and your other paperwork. You're missing something somewhere, and an attorney will be able to pick it up right away if they examine your full file. Good luck!

    If you think my response is the best response, it would help me if you would indicate that. Also, please note... more

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