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Can a plaintiff move a case for change of venue without

consent of the defendant just...
Can a plaintiff move a case for change of venue without consent of the defendant just because there was no calendar schedule for the defendant motion to dismiss the case with prejudice?
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Answered in 2 minutes by:
3/27/2018
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12,570
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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The statute allows the court to determine, upon motion, if a change in venue is appropriate; please see specifically:

§ 1-83. Change of venue. If the county designated for that purpose in the summons and complaint is not the proper one, the action may, however, be tried therein, unless the defendant, before the time of answering expires, demands in writing that the trial be conducted in the proper county, and the place of trial is thereupon changed by consent of parties, or by order of the court. The court may change the place of trial in the following cases: (1) When the county designated for that purpose is not the proper one. (2) When the convenience of witnesses and the ends of justice would be promoted by the change. (3) When the judge has, at any time, been interested as party or counsel. (4) When motion is made by the plaintiff and the action is for divorce and the defendant has not been personally served with summons. (R.C., c. 31, ss. 115, 118; C.C.P., s. 69; 1870-1, c. 20; Code, s. 195; Rev., s. 425; C.S., s. 470; 1945, c. 141.)

That information is here:

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_1/Article_7.pdf

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Customer reply replied 27 days ago
This is a civil renewal judgment ( old credit debt ). The first one was in the defendant county. Why the renewal be in a county where the defendant doesn’t live?

Normally the renewal will be in the county where the original judgment was entered, unless a party successfully brings a motion to change venue.

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Customer reply replied 27 days ago
Can the defendant sue because it wasn’t so?
Customer reply replied 27 days ago
What I know there are many irregularities in the complaint filing. I am trying to get how they can be raised since plaintiff already get a second summary judgment. I can’t hire a lawyer now since time is running. The deadline for violations is one month from now. I would like to have something to keep the time running and hire a lawyer after.
Customer reply replied 27 days ago
I mean something to stop the time and hire a lawyer after.
I am not aware of other methods to top the statute. Normally a change of venue will not achieve that. I would suggest hiring an attorney to ensure preservation of any claims
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Please seehttps://www.google.com/url?sa=t&source=web&rct=j&url=http://scholarship.richmond.edu/cgi/viewcontent.cgi%3Farticle%3D1201%26context%3Dlawreview&ved=2ahUKEwje_uvxro3aAhXLVt8KHanLDSUQFjAAegQICBAB&usg=AOvVaw0lvaV1-uk_hBKieMkFC-TQ
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Category: Consumer Protection Law
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