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I'm a Stockbroker in NY & got a civil suit in California District Court. What is the best way defend myself?

2007-03-14 09:16:53 · 3 answers · asked by snzaidi2000 1 in Politics & Government Law & Ethics

3 answers

You have to get a lawyer.

CA's first hurdle is getting personal jurisdiction over you. If you got served in CA, that's that, but if they sent it to you in NY, you can challenge their jurisdiction over you, but only if you raise it in your very first response.

If you raise it, they may decide you're right and the case is never tried, at least not in CA. If they decide against you, you may challenge CA as the proper forum for the case, since it is too far from you to allow you an adequate chance to participate. Even if that goes against you, and they ultimately win, they still have to enforce the judgement in NY, and you can challenge the jurisdiction issue all over again, but this time in a NY court, and force them to come to NY to try to convince the court that the whole trial was valid.

Call an attorney. It'll probably save you money in the long run.

2007-03-14 09:36:15 · answer #1 · answered by open4one 7 · 0 0

Is this a state or federal case? Trial courts in California are called "superior" courts, not "district" courts. Federal trial courts, however, are "district" courts (e.g., the "United States District Court for the Central District of California). The answers you are getting so far presume a California suit, but the post is ambiguous.

2007-03-15 14:16:48 · answer #2 · answered by Anonymous · 0 0

Why would the California Court have jurisdiction over you? Did you do business in California?

If not, then pay an attorney for a couple hours to challenge the lawsuit on grounds of lack of personal jurisdiction over you.

If you did willingly do business in California, then you're stuck either defending it yourself, defaulting, or hiring an attorney here.

2007-03-14 18:17:34 · answer #3 · answered by coragryph 7 · 0 0

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