Limited jurisdiction?
I've just been named in a civil suit, to be held at a superior court with limited jurisdiction. The thing is, I'm no longer living there. I am in a foreign country. The summons was served to my parents' residence 9where I haven't lived for 10 years)- they didn't sign anything acknowledging receipt of the document. Is this proper service? Is it reasonable to file a motion to quash based on improper service, esp since I'm not residing at the address names in the summons. I have to reply ASAP, since there was a delay via international mail.
Answers:
As a paralegal, I can't give you legal advice, but I can direct you, generally.
First, check with an attorney -- they always know best when it comes to something like this.
Secondly, you can find the rules for service in the Civil Rules or Rules of Civil Procedure for the state where you lived -- a quick search online should reveal the rules for the state where service was obtained.
I can tell you that in my state, Ohio, residence service (which is what this is) means that the summons can be left with any person of reasonable age, who lives at the last known address of the person to be served. So -- in Ohio, even though you don't live at that place any more (since it's your parents. . . ) it's proper service . . . and the opposing attorney could well argue that you obtained service, even though you don't live there -- because it's obvious you were made aware of the suit against you. . . here, the service may well be legal.
You MAY have grounds for dismissal on the jurisdiction basis -- it would depend upon what, exactly, was the limited jurisdiction of the court to hear the case. Again, defer to the rules of civil procedure for the state where the case is filed -- they'll be your guiding principal.
There are certain types of jurisdiction -- limited can be over a specific group of people, a certain type of action, or both (probate courts only hear issues regarding adulthood, competence, and estates. . .).
Jurisdiction can be granted in personam (on a person -- who resides, or in some cases, works in the county where the court is located), or in rem (over a thing . . . located in the county where the court is located).
Refer to the civil rules -- they'll tell you if the court has jurisdiction over you (here in Ohio -- if somebody is suing you for something like . . . an auto accident that occurred in. . . say Franklin county, while you lived or worked in Franklin county, the Franklin County court system may have jurisdiction).
There are rules, too -- depending upon rather you retain U.S. citizenship, or you are a citizen (or visa migrant of another country . . . ) which may allow you to request the suit be moved to a Federal Court . . . and if it's not done within a certain amount of time, the case may be dismissed.
Check the rules of civil procedure for the state where the suit is being brought against you, and by all means, check with an attorney who practices in that state.
God, this is forcing me to remember civil procedure..
I'm pretty sure that you have not been served properly and thus, the court does not have jurisdiction over you. However, I can't remember the nuances of service at last known residence or if a legal aged family member can accept service on your behalf. However, I'm pretty sure that unless your parents actually accepted service on your behalf, you have not been properly served.
I'd contact a lawyer in your jurisdiction immediately, since the person that served you only needs to fill out a card saying that you've been served. If he did that, you may come home to default judgments, which are a ***** to take care of.
If the alleged incident took place within the jurisdiction of the court, then it is appropriate that you would be tried there.
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