QUESTION

Formerly lived in TX, moved to Mass Dec 2016. Received a summons for civil trial for collection. Don't they need to file in MA where I live?

Asked on Jul 05th, 2017 on Civil Litigation - Massachusetts
More details to this question:
Shouldn't this be dismissed as it is filed in the wrong jurisdiction? I don't live there any longer. Should I file something from MA?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It is possible that the Texas court lacks jurisdiction over you, but also possible that the court has jurisdiction.  Although the Supreme Court has recently narrowed the bases for personal jurisdiciton, nevertheless residence is not the only basis for a court to exercise jurisdiction.  For example, if this claim arose out of a contract which was to be performed in Texas, and/or contained a provision where you agreed to submit to the jurisdiction of the Texas court, personal jurisdiction probably exists, even though you now live in Massachusetts. Bottom line is that you can move to dismiss the Texas action on jurisdictional grounds, but you might not win.  You can also take your chances, default in the Texas action, and when the plaintiff seeks to enforce the Texas judgment, claim that the Texas court had no jurisdiction over you.  If you do that, however, you can only fight the judgment on jurisdictional grounds, you will have waived all other defenses by defaulting; if you have any other defenses, you probably shouldn't take the risk of defaulting.
Answered on Jul 05th, 2017 at 2:09 PM

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