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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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My sister in-law made a loan to me in 2009, I have paid back

Customer Question

My sister in-law made a loan to me in 2009, I have paid back some, and the last time I paid was 2years ago. She has moved California, now she has gotten a lawyer in MD and I was served today for a Maryland court. Can I asked change of venue....the agreement was made and signed in Virginia.
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.
Hello there -
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DO you live or work in Maryland?
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Was this a verbal loan agreement or a written loan agreement?
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Mary
Customer: replied 1 year ago.
don't live or work in MD and agreement was both verbal and hand written note.
Customer: replied 1 year ago.
Hello Mary, do you have a response for me?Thax
Customer: replied 1 year ago.
I don't see any response to my question
Expert:  Legalease replied 1 year ago.
Hello again --
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It does not make any sense to me why she has filed this in MD. unless the attorney is someone she knows who is trying to do her a favor. If you lived or worked in Maryland, despite the agreement being in Virginia, the Maryland court would still have jurisdiction over you and the case could be heard there. But if you do not have any connections yourself to Maryland, then this court has no jurisdiction over you.
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However, you cannot simply ignore this because then the court will issue a default judgment against you and it is harder to backpeddle from a default judgment when they then get an order after it to attach your bank account, etc. You need to file a written ANSWER & DEFENSES document with the Maryland court. You will have to write it up from scratch - you can follow the format of the complaint that you were served with (meaning that you put the name of the court at the top, and a caption box on the left (plaintiff V defendant names) and then put the case number ***** the right of the caption box. THen you skip a couple of lines and put in the title "ANSWER and DEFENSES" and then you start a new paragraph and in just a few short lines you should state that you live at XXXXX, Virginia (please see Exhibit A attached hereto copy of current VA driver license) and I work at XXXXX, Virginia. Further state that the contract was entered into on XXXXX date in the state of Virginia. Finally inform the court that the Plaintiff lives at XXXXX, California.
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THen start a new paragraph and state "BECAUSE OF THE LOCATION OF THE PLAINTIFF AND THE DEFENDANT, THIS MARYLAND COURT HAS NO JURISDICTION OVER THE PLAINTIFF OR THE DEFENDANT AND THIS MATTER SHOULD BE DISMISSED"
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Then sign the answer and put your address, telephone number and email address underneath the signature.
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Under the signature line, you must then write in a Certificate of Service --
"I, XXXXXXXXX, the Defendant in the above matter do hereby certify that I have served an a copy of this ANSWER on the Attorney for the Plaintiff via US Mail to [Attorney address] as of the XXXXXX date of June 2015." And then you sign it again under the certificate of service.
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You send the original to the court and the copy to her attorney in MD and then wait to see what happens, If the court dismisses it, that is good. But the court might still put it on for a hearing. If it is not too far from you , you should appear and tell the judge that you have appeared to contest the jurisdiction of the case because it should not have been brought in MD. At that point, you should get your dismissal, but I am hoping that the court will review your answer and dismiss it (it really is up to the court).
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I hope that helps. Please let me know if you have follow up questions. If not, can you please press a positive rating under this ANSWER box so I will be paid for my time tonight. A bonus is always welcome and a box will appear after checking the positive rating ! THANK YOU VERY MUCH
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MARY
Expert:  Legalease replied 1 year ago.
Hello again --
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I note that you reviewed the answer earlier this evening. Can I answer anything further for you ? If not, can you please press a positive rating under this ANSWER box so I will be paid for my time assisting you this evening? I truly am paid NOTHING unless you press a positive rating below. Doing so will not cost you any additional money -- it simply works as a trigger to Just Answer to pay me for my time assisting you tonight.
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THANK YOU VERY MUCH
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MARY
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