How to defend small case in different state

How to defend small case in different state

David Smith	12/10/2004 6:46:50 PM
We live in Florida and we got a letter from the treasurer of Arlington County, VA, saying they're planning to sue us in Arlington County General District Court for back taxes, unless we pay by a certain date which is a few days from now. The amount in question is around $200. It seems to me this case should be in a small claims court in Florida. We shouldn't have to go to Virginia to defend a case for $200. If we get a lawyer to handle the case, we already lose, because the lawyer's fee would be more than the $200. Can someone tell us how to get the case transferred to a small claims court in Florida? We don't actually owe the taxes. How can we get a copy of the evidence they plan to present in court, so we can prove it's not true?



"Richard"	12/10/2004 3:30:56 PM
David Smith wrote: We live in Florida and we got a letter from the treasurer of Arlington County, VA, saying they're planning to sue us in Arlington County General District Court for back taxes, unless we pay by a certain date which is a few days from now. The amount in question is around $200. It seems to me this case should be in a small claims court in Florida. We shouldn't have to go to Virginia to defend a case for $200. If we get a lawyer to handle the case, we already lose, because the lawyer's fee would be more than the $200. Can someone tell us how to get the case transferred to a small claims court in Florida? We don't actually owe the taxes. How can we get a copy of the evidence they plan to present in court, so we can prove it's not true? IMHO, it's a scare tactic. Why do they wait until the last minute before taking action? I lived in Kentucky and moved to Wisconsin in May. The county sent me a letter stating I owed them for the entire year's residency. If I didn't pay up, they'd sell the note at auction. I said, fine, be my guest. The lucky winner gets a worthless piece of paper. Kind of hard to lay claim to a mobile home that doesn't exist ain't it? That was five years ago and I ain't heard a peep since. You may want to discuss your options though with an actual bona fide attorney. If you own the home or property and it exists, you could wind up in jail. If you sold the property/home to someone outright, then it should be their ballgame. This newsgroup is not for true legal advice. You have no clues here as to whom who is who is not attorney. This group is world wide so any one may reply from anywhere.



"McGyver"	12/11/2004 9:56:18 AM
"David Smith" <David99135@hotmail.com> wrote in message news:hfrjr0teq3adno08av16t3bglrkf2usjn8@4ax.com... We live in Florida and we got a letter from the treasurer of Arlington County, VA, saying they're planning to sue us in Arlington County General District Court for back taxes, unless we pay by a certain date which is a few days from now. The amount in question is around $200. It seems to me this case should be in a small claims court in Florida. We shouldn't have to go to Virginia to defend a case for $200. If we get a lawyer to handle the case, we already lose, because the lawyer's fee would be more than the $200. Can someone tell us how to get the case transferred to a small claims court in Florida? We don't actually owe the taxes. How can we get a copy of the evidence they plan to present in court, so we can prove it's not true? I don't know about the laws of Virginia or Florida. In my state, and I'm assuming in others, there is no way the defendant can force the plaintiff out of superior court and into small claims. It may be that in Virginia, there is a way. You should look that up before relying on my opinion that there is no way. There is a procedure to get a case transferred from one state to another. You would have to convince the court that (a) dismissal of the case is in the interests of justice because of hardship to the defendant in defending in Virginia, (b) an action in Florida would provide a full opportunity for a remedy to the plaintiff because the laws are the same, (c) you waive any defenses to jurisdiction in Florida, and (d) the increased burden on the plaintiff is not as great as defendant's burden defending in Virginia. I don't think you could convince the court of that last item. The county's plan takes advantage of the fact that many of it's targets will pay rather than defend, and others will default rather than defend. You only have three choices. Pay, default or defend. If you default, the judgment will be collectible in Florida, and will earn interest until collection. You can learn how to defend the matter yourself rather than pay an attorney. If you do, the county will be in a position of spending money on attorney's fees exceeding the action. If they are rational, and if you respond properly with and answer to the complaint, they will drop it or settle, Getting that far is not hard to learn. McGyver

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