"That sounds like a
small claims case.
If it is, a FL resident would be foolish to respond to a small claims
lawsuit in any other state BUT Florida.
It'll also be a
rare day that a small claims judgment can be enforced in Florida.
allow wage levies for small claims lawsuits. "
personam....Moreover, you could have avoided the entire series of
events by simply ignoring the attempts to serve you.
You had the
absolute right to challenge an Ohio court's ability to obtain "in
personam" jurisdiction over you, a resident of Florida for a minor
"From the looks of
things, you lost the impenetrable shelter of the "in personam" defense
by voluntarily appearing in Ohio to defend something that was unable to
harm you, until you submitted to the court's jurisdiction voluntarily,
***Side Note! Not "voluntarily", Lured by a paid attorney that
bailed at Pre-Trial is how it happened !
A cursory skim of the rules in which an attorney can bail are an eye
End of Side Note***!!!
answer largely depends on whether the judge was made aware of the
jurisdictional issue before trial. If not, then it is almost impossible
to secure relief. But if the judge was informed of the issue in the
form of a motion to dismiss the case, and went forward, then depending
upon the proof offered of the lack of jurisdiction it should be
possible to secure a reversal. "
Yes, here, in the very first motion to the Clark County Municipal
Court of Springfield Ohio
something that must be challenged before the Court issues a ruling. You
should consult with a local lawyer to determine what has happened and
whether any challenge can be made. "
Yes, here, in the very first motion to the Clark County Municipal Court of Springfield Ohio
on the facts there may be subject matter jurisdiction
then there is the question of personal jurisdiction which is also fact
"By going to trial,
she probably waived any objection she had to jurisdiction."
Now there were dozens (seriously) of attorneys all saying basically the
But wait, remember the "Jurisdiction" the Attorneys were speaking of?
Again, you'll notice my original question
to these particular attorneys did
not even mention Jurisdiction
Again, the question was:
Can an ohio plaintiff
file in an ohio municipal court to demand a florida-domiciled person to
come to ohio to address the plaintiff suit for $4k+ claiming damage to
property? If she was duped into coming all the
way to ohio under the threat of a default judgment against her, and
went to trial, does she have recourse since she can prove her place of
domicile before the case was filed (over a year before) and has
verification of where she went back to the day following her trial?
The main thread (with maybe 3 dissenting opinions),
was....that of Jurisdiction (and to stay away from the state that is
or burdening you).
Is this seriously the best we can offer before we
die!? What I mean is, for crying out loud ....!
What the attorneys did not
know is, that we had already raised the
issue of the Court's Lack of Personal Subject Matter Jurisdiction in
first motion (of 18) to the Clark County
Municipal Court of Springfield Ohio Prior to Pre-Trial, which is seen
Every one of the 18 Motions, denied by Judge Trempe.
First Page, First Motion
Clark County Municipal Court ignored the Jurisdictional issue, as did
Appellate Court of Appeals, also located in Springfield
Ohio. Sadly, the attorneys are right (sadly for the human
race). The Bible says it's better to die with a good name,
our attorneys state .... evade, and not confront, or solve.
Now the Law states they must address the issue within the
Courts. When I told that same group of attorneys that
I already brought up Personal Subject Matter Jurisidction to the
Courts, the attorneys backpedaled
suddenly there were noticeably less responses from the Attorneys.
As for how this
elderly woman from Florida was duped into coming to Ohio?
When virtually every attorney contacted had
said to stay away from Ohio's Jurisdiction;
attorney, James Heath....this paid Springfield Attorney,
was telling my mom....to come
James Heath chose to do the exact opposite, in which he appears to
have Lured the elderly, and Bailed at Pre-Trial. (a critical pivotal
point in a civil proceeding).
You be the Judge
2803 Troy Road
Springfield Ohio 45504
Read more about the scam here: http://springfield-ohio.com