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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34172
Experience:  Retired (mostly)
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For Barrister.Since I have rated you, the reply box is no

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For Barrister. Since I have rated you, the reply box is no longer available. Can we please continue conversing here. For your reference here is the link to my previous question: https://www.JustAnswer.com/question/index/64b7bc08dffe4d05bb82edaec323db6a?continueTheConversation=False

Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Sorry for the delay. I forgot that when you rate my service in JustAnswer it closes the question. . "is the plaintiff going to say i was not cooperative because i stopped making payments? on three occassions i told them what i could pay and they refused. does the interest keep accruing even though credit card is closed - at 29 percent? why didnt they take my payment plan and do i have a case about their refusal?" . . They may say this, but it doesn't really matter what they think. It only matters that they can prove you owe the debt. And yes, until they get a formal judgment against you, the interest keeps accruing at its normal rate. . As for why they didn't accept a payment plan, I can't say but it is likely they don't want to wait on their money if you are in default. Once someone defaults on an account, the creditor has no legal obligation to accept payments and they can sue for the entire balance. . . . Thanks. Barrister . Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue. . I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
ok,although i became a florida resident two months ago i have been living in florida over six months a year for the past three years. doesnt this count towards my personal jurisdiction case? is the plaintiff going to say i was not cooperative about making payments? on three occations i told them what i could pay and they refused. why didnt they take my payment plans ? do i have a case about their refusal on many occasions to pay my creditcard? there must be a legal term when they are not cooperating and trying to make more money.
Expert:  Barrister replied 1 year ago.
"although i became a florida resident two months ago i have been living in florida over six months a year for the past three years. doesnt this count towards my personal jurisdiction case?"
.
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That would go into your argument that you weren't a CT resident so they couldn't get personal jurisdiction over you unless they actually served you personally while you were in state.
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" is the plaintiff going to say i was not cooperative about making payments? on three occations i told them what i could pay and they refused. why didnt they take my payment plans ? do i have a case about their refusal on many occasions to pay my creditcard? there must be a legal term when they are not cooperating and trying to make more money. "
.
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This is what I said above...They may say this, but it doesn't really matter what they think. It only matters that they can prove you owe the debt.
.
As for why they didn't accept a payment plan, I can't say but it is likely they don't want to wait on their money if you are in default. Once someone defaults on an account, the creditor has no legal obligation to accept payments and they can sue for the entire balance. They don't have to cooperate with you if you are in default.
.
If you feel your original question and related follow ups have been answered, I'd appreciate a positive rating on the answers I have provided so far as I see the previous question was rated and then refunded. If you have a new, unrelated question, the site does require you to start a new question page, but you can request me if you wish.
.
.
Thanks
Barrister
Customer: replied 1 year ago.
yes, it was refunded. i had to pay again. so i may have more questions then i will rate you at the end.
Customer: replied 1 year ago.
so does living in florida for the past three years over six months a year help my case? even though i did not do it officially. is this florida law?
Expert:  Barrister replied 1 year ago.
"so does living in Florida for the past three years over six months a year help my case? even though i did not do it officially. is this florida law?"
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Probably not. In order to be considered a FL resident for jurisdiction purposes, you have to have certain indicators that you are a legal resident such as a driver's license, registered to vote, have financial accounts there, get your mail there, have a permanent residence there, etc. There is nothing to prevent you from arguing that you are a resident in FL, but if you don't have a FL license, a permanent residence and get your mail there, you may have a hard time getting a judge to agree you are a resident of FL rather than CT.
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.
Thanks
Barrister
Customer: replied 1 year ago.
i dc have a florida licience, letter of domicile, this is my home address with irs, etc, my bank accounts are here.
Expert:  Barrister replied 1 year ago.
Well, then you have a strong argument that you are a resident of FL, not CT and in order for them to get personal jurisdiction over you, they would have to serve you personally while you were in the state. So your chances of winning the motion to dismiss for no jurisdiction definitely increase since you can prove you are a FL resident.
.
.
Thanks
Barrister
Customer: replied 1 year ago.
when i was served at my connecticut address i was in florida. a couple of months later i became a legal resident and for the past three years i have been in florida over six months a year. you said before if the case started before i was legal florida resident personal jurisdiction doesnt apply. so are you saying you did not understand or that i was not clear? or that because even before i got my license because i have been in florida over six months a year for three years this matters? what is the law about florida jurisdiction?
Expert:  Barrister replied 1 year ago.
I am going to opt out and open the question to other experts to assist.
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No need to reply as that will only lock the question to me and prevent others from helping
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Best of luck to you.
Barrister
Expert:  socrateaser replied 1 year ago.
Hello,
Different contributor here. Please permit me to assist.
My goal is to address the issue of personal jurisdiction, which was the central issue of your original question. In my opinion, the answer to that question is absolutely certain.
As a general matter, "a party waives the right to dispute personal jurisdiction unless that party files a motion to dismiss within thirty days of the filing of an appearance. . . . Personal jurisdiction is not like subject matter jurisdiction, which can be raised at any time and by the court on its own motion. . . . Unless the issue of personal jurisdiction is raised by a timely motion to dismiss, any challenge to the court's personal jurisdiction over the defendant is lost." (Internal quotation marks omitted.) St. Paul's Flax Hill Co-operative v. Johnson, 124 Conn.App. 728, 739-40, 6 A.3d 1168 (2010), cert. denied, 300 Conn. 906, 12 A.3d 1002 (2011).
Since you state that you filed several different motions with the court, which were not direct challenges to personal jurisdiction, you have irrevocably waived personal jurisdiction and you are now subject to the jurisdiction of the Connecticut Court.
Please let me know if I can be of further assistance.
Customer: replied 1 year ago.
yes i filled a motion to dismiss on personal jurisdiciton within the thirty day period.
Customer: replied 1 year ago.
correction, filed motion to dismiss two weeks late. i did not know there was a time limit.
are you taking over for banister under same payment that i made?
Expert:  socrateaser replied 1 year ago.
Re "taking over for Barrister under the same payment," from what I've been able to gather, you had a previous correspondence, that you did not believe was complete, so you obtained a refund, and the opened a new Q&A session.
Then, Barrister "opted out" of the conversation, which means that he is relinquishing any right to payment for your answer -- assuming that you do not rate any of his previous answers. If you rate my answer, then I get paid -- otherwise, I receive nothing for my efforts, your deposit remains with the website, and I have no idea what the website does with the payment (because they don't tell me -- I just answer the questions).
Re your comment that you filed a motion to dismiss for lack of personal jurisdiction, what was the result of that motion?
Customer: replied 1 year ago.
the result is motion to dismiss is arguable and on the short calander for may sixth. i can either mark it ready, take papers or off or not do anything and file a short calander reclaim after the sixth. i hope i was not misinformed. i am not ready because i will not be in connecticut til the end of may. also do i have a jurisdition case?
Expert:  socrateaser replied 1 year ago.
If you have filed any papers arguing "any" issue other than a motion to dismiss for lack of personal jurisdiction, or you or your attorney has physically appeared before the court and argued "any" issue other than personal jurisdiction, then you have waived the challenge of personal jurisdiction by asking the court to consider some other issue, and the court will hold you to that waiver.
Even a motion for a continuance will waive personal jurisdiction, because the subject matter of the continuance is "good cause" to delay a hearing, and the court must consider substantive CT law in making the decision to postpone a hearing.
Concerning your question about whether or not you have a "jurisdiction case," if you are asking whether or not service at your property in CT binds you to the personal jurisdiction of a CT court, in ARGENT MORTG. CO., LLC v. HUERTAS, 288 Conn. 568, 953 A.2d 868 (2008), the CT Supreme Court held that a person who is incarcerated when served at his/her "usual place of abode" within the State is properly served pursuant to Conn. Gen. Stat. 52-57.
The Court goes on to write:
Federal courts also have concluded that a person can have several places of abode concurrently. See, e.g., National Development Co. v. Triad Holding Corp.,930 F.2d 253, 257 (2d Cir.) (observing that, under federal rule of civil procedure permitting service of process at individual's dwelling house or usual place of abode, "[t]here is nothing startling in the conclusion that a person can have two or more dwelling houses or usual places of abode, provided each contains sufficient indicia of permanence" [internal quotation marks omitted]), cert. denied sub nom. Khashoggi v. National Development Co., 502 U.S. 968, 112 S.Ct. 440, 116 L.Ed.2d 459 (1991).
Based upon the above-quoted language, in order to demonstrate that service on you was defective (which is not quite the same thing as the issue of "personal jurisdiction," though it is related), you would have to demonstrate facts which will show that there is no longer any indicia of permanence in your occupancy of the CT property at which you are alleged to have been served.
There is no bright-line determiner here -- its up to you to show that despite your owning a property in CT, that you no longer use it as your residence, and that any return to the property is
not for purposes of residency, but rather for maintenance or landlord purposes.
Please let me know if I can be of further assistance.
Customer: replied 1 year ago.
everything is on a short calander at this point. no one has gone to court and i do not have a lawyer. when you put in your motions the judge or clerk decide whether motion is arguable or not. on a short calander you are saying either you are ready, take papers or off. have you heard of this process before any court dates start?
Customer: replied 1 year ago.
i do not own any property in connecticut.
Customer: replied 1 year ago.
i just went to my case status on line and plaintiff filed objection to motion to dismiss. do i reply with any kind of form or does the judge grant it or not grant it?
Customer: replied 1 year ago.
what kind of lawyer are you and what state do you practice?
Customer: replied 1 year ago.
if i am not filing a continuance then i am filing a reclaim after may sixth yes or no?
Expert:  socrateaser replied 1 year ago.
"everything is on a short calander at this point. no one has gone to court and i do not have a lawyer. when you put in your motions the judge or clerk decide whether motion is arguable or not. on a short calander you are saying either you are ready, take papers or off. have you heard of this process before any court dates start?"
A: The rule for a motion to dismiss challenging personal jurisdiction is found in CT Practice Handbook (2013), Section 10-30: Any defendant, wishing to contest the court’s jurisdiction, may do so even after having entered a general appearance, but must do so by filing a motion to dismiss within thirty days of the filing of an appearance. Except in summary process matters, the motion shall be placed on the short calendar to be held not less than fifteen days following the filing of the motion, unless the judicial authority otherwise directs. Any adverse party may, within ten days of the filing of the motion with the court, file a request for extension of time to respond to the motion. The clerk shall grant the request and cause the motion to appear on the short calendar not less than thirty days from the filing of the request.
"I do not own any property in CT."
A: The issue is whether or not you have an "abode," which can be a rental property. I discussed the "indicia of permanence" issue in my previous answer. You will have to prove that you have none. If you do, then the judge will dismiss. Simple as that.
"i just went to my case status on line and plaintiff filed objection to motion to dismiss. do i reply with any kind of form or does the judge grant it or not grant it?"
A: CT Rules do not discuss reply briefs. If you choose to reply, do not raise an issue other than personal jurisdiction, or you will irrevocably waive the issue. Be careful that the plaintiff is not trying to trick you into an argument over a collateral issue. If you have stated your case, and provided your evidence, then a reply is generally unnecessary.
There is no official form for a reply.
"if i am not filing a continuance then i am filing a reclaim after may sixth yes or no?"
A: Yes. CT Practice Handbook (2013) Rule 11-18(c).
"what kind of lawyer are you and what state do you practice?"
A: I prefer to remain anonymous in this forum. You can check my credentials with customer service.
Hope this helps.
Customer: replied 1 year ago.
so do i have about fifteen days to file my reclaim?
Expert:  socrateaser replied 1 year ago.
15 Days is correct. CT Practice Book (2013) 10-8.

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