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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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I am the defendant in a civil law suit, I live in CT being

Customer Question

I am the defendant in a civil law suit, I live in CT being sued in NYC where it transpired. Can I file a motion to move case to CT
Submitted: 7 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 7 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that you're being sued. State courts cannot transfer a case from one state to another. Only the federal courts can do that. It is possible to file a Motion to Dismiss for Lack of Personal Jurisdiction if you do not have the sort of connection with the state of NY that it would be considered legally fair for you to be sued in that state. If the NY judge agrees, then it would be up to the plaintiff to decide whether to refile in Complaint. Usually a lack of jurisdiction means that you do not live or work in the state, do not visit regularly, were not driving in NY when an accident occurred, and did not purposefully avail yourself of the benefits of doing business in New York by engaging in a business arrangement with a NY person or company. With that said, you said the case transpired in New York City. If you were physically in the state of New York when the cause of action accrued, that unfortunately gives the NY court jurisdiction over you with regard to this incident. In that scenario, it's not likely that the judge would dismiss the case. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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