Being sued Wrong County

[WaitNSee]

I received a certified letter yesterday from the attorney for my credit union. I stopped paying on CC in November 09, and voluntarily surrendered my car December 09. They have sold the car and applied it to the balanced owed. I am being sued for about 15k.

1. I am being sued in the county where the attorney is located, case number assigned is Allen County. It is 140 miles from me.
(a) Does this venue make a difference, if I don't intend to go anyway?
(b) I'm sure they will get the judgment so, do I file an answer, and if so do I tell them now I am judgment/collection/execution proof?

2. I have live in Indiana less than 9 months, In figuring my "exemptions" do I claim Indiana or my previous state? I know it would be the "old" state if it was BK, but in a judgment I'm not sure.

Sorry for posting an almost identical thread yesterday, but my previous one hasn't gotten looked at and.....

I only have about 3 weeks left to respond via USPS, as hand delivering it would be out of the question due to the nearly 300 mile round trip.

[MSbklawyer]

I received a certified letter yesterday from the attorney for my credit union. I stopped paying on CC in November 09, and voluntarily surrendered my car December 09. They have sold the car and applied it to the balanced owed. I am being sued for about 15k.

1. I am being sued in the county where the attorney is located, case number assigned is Allen County. It is 140 miles from me.
(a) Does this venue make a difference, if I don't intend to go anyway?
(b) I'm sure they will get the judgment so, do I file an answer, and if so do I tell them now I am judgment/collection/execution proof?

2. I have live in Indiana less than 9 months, In figuring my "exemptions" do I claim Indiana or my previous state? I know it would be the "old" state if it was BK, but in a judgment I'm not sure.

Sorry for posting an almost identical thread yesterday, but my previous one hasn't gotten looked at and.....

I only have about 3 weeks left to respond via USPS, as hand delivering it would be out of the question due to the nearly 300 mile round trip.

Every state has venue laws that dictate where suit can be filed. Generally speaking, the county or parish you are sued in has to have some connection with you or with the transaction that is the subject of the suit.

Your remedy is to file a motion to dismiss based on venue. In some states you are required to answer "specially" in conjunction with the motion to dismiss to protect yourself in the event your motion is denied.

[AngelinaCatHub]

MSbklawyer is the authority in this advice and I agree with him. Please do your best to avoid a Judgment. No one is Judgment proof and you may not be collection proof in your future. The Judgment here in FL can last 21 years. I believe 7 years with two renewals. In any case, they are uncomfortable and can cause you trouble.

If you are going to bk, do it before you get this suit. It will toll the suit and most likely dismiss it in your bk. If you have nothing anyway, it would still be worth a pro se C7 not to get that Judgment and you can sign an indigent waiver for the filing fees. 'Hub

[catleg]

Depends on the rules of civil procedure in your state. Here in NJ, a regular civil case can be filed in a county where either the plaintiff or defendant does business, but in Special Civil part, which is a "simplified" part of civil for cases under $15k, the case must be filed in the county where the defendant resides. Nevertheless I was sued a couple of times in the wrong county, and had I not filed for BK I would have tried to get the judgments vacated on the grounds of wrong venue but I don't know if I would have succeeded. I tend to think that once they get a judgment against you in the correct state that it's next to impossible to vacate simply because of venue

Certain kinds of creditors just have a zero tolerance policy toward debtors who default, these include credit unions and casinos. As long as you're prepared to deal with the consequences I wouldn't bother answering. Even if you're not prepared I'm not sure answering will change anything except to stretch things out.

[WaitNSee]

Judgment day is coming!

Thanks for your responses. I will probably do the "WaitNSee" approach, (see why I use that as my ID )? It seems a change of venue might not be granted. I am sure the CU is pissed at me so I don't need to P off the courts as well. The distance actually might make the whole thing a little easier. The only thing I see is a statement that the CU is authorized to operate in the state of Indiana.

Then again, I may go ahead and send a response letter to the charges, mentioning the incorrect venue, and my exempt income, assets,etc. on a separate sheet or in closing. Thoughts?

As stated in earlier posts BK, if considered, would need more time to pass. I'm retired, own very little, and rent. I had always had a great payment record until ...life happens..moves, medical problems. etc., but as Paul said in Philippians 4:11, " I have learned whatever state I am in, to be content". I got an email this a.m. that even JOB went BK.

Thanks again.

[WhatMoney]

Then again, I may go ahead and send a response letter to the charges, mentioning the incorrect venue, and my exempt income, assets,etc. on a separate sheet or in closing. Thoughts?

Two things I am not clear on:
Have you already been sent a summons from the court in another county, with case file number etc.?

Is this county 140 miles away also in Indiana or an adjacent state?

As MSBK said, filing a motion for dismissal based on wrong venue should work, but it is also likely the court/plaintiff would just ask for a change of venue to your county. You are supposed to be sued in the county you reside or where you have the property in question. You could also request a change of venue, based on your location. But you would not gain anything except a delay by doing this if you have no intention of ever appearing for a hearing.

Indiana rules of civil procedure for change of venue are confusing - enough that I didn't feel like responding. Why are some state statutes written to be be nearly undecipherable?

[WaitNSee]

Two things I am not clear on:
Have you already been sent a summons from the court in another county, with case file number etc.?

Is this county 140 miles away also in Indiana or an adjacent state?

Yes, it has a Cause Number and is a Summons from the Superior Court of Allen County, Indiana. I am over 140 miles away near Indianapolis

You are supposed to be sued in the county you reside or where you have the property in question. You could also request a change of venue, based on your location. But you would not gain anything except a delay by doing this if you have no intention of ever appearing for a hearing.

There is no property, only CC debt and the leftovers from the auto loan after sale. You are right, I really don't need the delay, and getting it changed and not showing up would just increase the lawyer's fees. I value the opinions of you all that post on this forum to educate and give courage to the rest of us. THANKS!