I appreciate your calling my attention to the post under Cornerstone. I think I would have found it without your outside post, as I was sure you would respond. I do not believe the additional post was for me but for others to see. As far as your comments to a "website" versus case law, or governing legal references, I am well aware of what needs to be researched - I was certified as a paralegal many, many years ago. You made statements that you have seen it in court before, etc. as to arguments over jurisdiction and venue. This I agree has been argued and many statutes and other legal resources have been referenced, especially when parties of two states or different issues are the subject of the suit. Of course, we know that not all Judges rulings are correct or final - that is why we have appeals courts and supreme courts to show that some issue decided upon in the case is wrong. Although you speak to me as if I'm ignorant of any legal basis, I chose to copy and paste legal sites that abstractors could relate to and to keep away from "practicing law." How you interpreted the post should not have been directed at me for I didn't even make up what was posted. To quote legal jargon is also almost always past the general public's understanding. I also was given my Appellete Brief back last purposely in my legal research class by the attorney instructor. For the laymen - an Appellate Brief is the document that is filed with the appellate court with case backup and reasons to grant an appeal from the lower court. My grade was "Outstanding - 100" with the comments of my attorney instructor saying to the class "I couldn't have received a better brief from an attorney with 20 years experience." That was a long time ago. I don't mean to put myself up in anyway, but I do not like when people put me down. Perhaps it was working for so many years under the best legal scholars there are, that I obtained such an ability to put together such a brief-which yes I did it all by my lonesome. The reason I referenced the site is so abstractors can go there - see what their state has as far as governing statutes and codes, dollar limit, service, transfer, appeals and special provisions for their state, all of which is listed - not to demean you in any manner. For the abstractors here to undersand what we have been talking about I give you this - Venue is the county in which the facts are alleged to have occurred and in which the trial will be held. Jurisdiction is what court - small claims, county or district - all named different in other states - such as Superior court - that hears the case. This is based mainly on dollar amounts involved and subject matter. There can be 2 different cases where 1) both have 2 parties of different states 2) both have the same subject matter; but 3) the occurence of the transaction, injury, services rendered, subject land, etc. occurs in different states. Depending on where that actual transaction, injury, services rendered, subject land is located the above cases could end up being filed properly in 2 different states. This is generically stated and not told where to file, as if I stated actual case law as you suggest I should, or state where these cases would be filed, perhaps you could try and get me charge with the unauthorized practice of law. I chose to list the website for the abstractor so they would have avenues to read their particular state law, without me quoting anything, and make decisions on their own based on the statutes and codes referenced for their review, to file their suit. I feel that posting on this site, that suits can be filed only where the defendant resides, on a public forum where deadbeat companies lurk, will only further harm the collection efforts of most companies. If the defaulting company is of "slided character" in the beginning, will feel they will not take on the time and expense of litigating in a foreign state, is detrimental to an already elevating problem of abstractors. You did make the statement it is only debt that is being sued for. How, where and why did the debt occur? I'm wondering how I would rule if I was a Judge and someone came into my court where the activity, subject land, services rendered or transaction which gave rise to the lawsuit occurred in another state? Just a thought - I can't answer - I would be practicing law. Plus, my passion in law is in real estate - not litigation. And yes I am done - I will not respond to anything further. I just encourage the abstracting company, individual abstractor, title company or whomever to check with their small claims court or other courts as to filing requirements. Usually, most state bars have an attorney referral program that allows you to meet with an attorney for a reduce fee for the first 1/2 hour who could answer your questions. I also know of legal representation plans out there now that have monthly fees that include a lot of free hours and then reduce hour plans which might be worth the monthly fee. One new one I just found is called Legal Expert Network - which did interest me. Anyone having collection problems might want to go to that site and look. I also heard that membership with the Self-Employment Association is offering free services.
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