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Is this legal

Plainfield, NJ |

My ex served me with a civil suit saying i owe him a 5,000.00 plus interest loan from 1/2008 in new york but i've lived in nj since 2001 and he currently holds a PA license. We were still legally married at that time also. Can u choose any state? And i never had a loan with him. How do i prove it?

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Attorney answers 3

Posted

Hire a lawyer in the county where the suit was filed. Defend the case.

Posted

Yes he can sue you in NJ since you live in NJ. Doesn't really matter where he lives or where the agreement was made. You don't have to prove anything. As the Plaintiff, it is his job to prove whatever he alleges. If there is no written agreement or other substantial proof, I doubt he will be able to convince the court that you owe money

This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.

Asker

Posted

But he is trying to sue me in new york. I have relatives in NY and The last time I lived there was in 2000. But he works in NY. Can i get it dismissed based on jurisdiction

Ivan Raevski

Ivan Raevski

Posted

Yes you would have a jurisdiction argument. If you have been served with court papers, you should make a motion to dismissed based on lack of personal jurisdiction. The proper place to sue is NJ since you are a NJ resident. Unless the case has direct ties to NY, such as arising from a business based in NY, any collection case should be brought in the Defendant's resident state or Federal court

Posted

When you consult with an attorney, you may want to explore whether the applicable statute of limitations will make short work of the lawsuit.

Disclaimer: Nothing stated herein is legal advice. For legal advice, consult an attorney; I am not your attorney at this time. This response may constitute ATTORNEY ADVERTISING which has not been approved by the Supreme Courts of New Jersey or Pennsylvania or the Court of Appeals of Maryland. I am a federally-designated “debt relief agency” that provides, where appropriate, relief under the U.S. Bankruptcy Code.

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