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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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I have a summary judgment rendered against me in a civil ...

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I have a summary judgment rendered against me in a civil court for a credit card. I pleaded wrong jurisdiction based on the fact that I lived in another county at the time the lawsuit commenced. I entered into evidence an court document showing I was on Jury Duty 2 months before the Plaintiff filed a lawsuit in the county I had moved to.. I made a motion in court for wrong jurisdiction.Also the case wasn''t filed where the contract originated. If I file a motion to vacate judgment in writting, do you feel I would have a chance to overturn the ruling? State of South Carolina

Hi,

You did not contest JURSIDICTION which is the inherent power over the court of YOUR STATE OVER YOU. You contested VENUE....which can be forgiven and a judgment rendered in the discretion of the court. You are UNLIKELY to get a reversal on that basis.

The "validation of debts" section doesn't apply because like you say...YOU DID DISPUTE IT. The last issue is he SRCP section about 30 days.....did you deny the allegations in 30 days? IF NOT, THEY ARE DEEMED ADMITTED and became the strongest basis for the default.

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Customer: replied 8 years ago.
Reply to Richard V. Licata's Post: I sent dispute letters twice before I was served w/ the summons/complaint. And I filed the affidavit of denial before court. Do you think void jurisdiction would help or something else or do you believe I would be wasting my time?

Please read my prior answer carefully.....first of all there is no legal term as "void jurisdiction" The term is "lack of personal jurisdiction" and if that were the case, like if you were never served with papers at all and a judgment were rendered against you, that would indeed be the first step to getting the judgment vacated...because the court had no power over you. BUT THAT IS NOT YOUR CASE HERE. You merely have an IMPROPER VENUE situation at best and improper venue can be excused by the court (as apparently it has) and does NOT invalidate the judgment!

And again..if you filed the denial after 30 days from service of the papers..YOU WERE IN DEFAULT IN THE LEGAL SYSTEM regardless of the fact that you had disputed the debt before the suit started.

I am a litigator with over 30 years of experience on issues like these. I wish I had better news.

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