Landlord lawsuit vs Tenant

[boblynnj]

I'm being sued by my landlord. I am defending the case Sui Juris. The case was brought to a county court in Pennsylvania. The landlord sued using a forged lease agreement as his material evidence. I filed a motion to dismiss citing several preliminary objections especially violations of the Pa. Rules of Civil Procedure, including that forgery is a 3rd degree felony in Pa. The landlord is using an attorney and his attorney filed an Amended Complaint using the correct lease agreement and abandoning the fake/forged one. The court has so far allowed the case to continue denying my motion to dismiss and only citing that the reason for denial is that there are "issues outstanding".

I want to file a motion challenging subject matter jurisdiction for failure of the court to protect my civil and statutory rights in this case where the landlord committed forgery and fraud in pursuit of this lawsuit. In my opinion, this case should have been dismissed and the landlord should have been brought up on charges of forgery and fraud. I did contact the District Attorney's office describing the situation and so far nothing from the DA.

Can someone please point me to federal and Pa. case law on challenging subject matter jurisdiction? Thanks in advance.

 

[army judge]

You don't have any basis for dismissing this case (at least from the information you presented) so far.

Do you understand how incredibly hard it is to make that argument?


No disrespect, either, but do you even know what subject matter jurisdiction is?

Finally, you're in one of your state's lowest level courts. Try your case, don't get fancy or cute. Try your case.

You didn't ask, but I'll tell you anyway. Had you not gotten the "alleged forged" instrument dismissed, you'd already have won this case. You're in a lower level court, going against an attorney, you gave him a gift. You allowed him to wiggle out of his own trap. Try the case, try the "facts" of the case!



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[boblynnj]

I have to try to get the case dismissed before it goes to trial, if I can. I live more than 1,000 miles from the court and don't have the financial means to spend time in court defending this case.

I assume the court loses subject matter jurisdiction when there is a fraud upon the court.

 

[army judge]

I have to try to get the case dismissed before it goes to trial, if I can. I live more than 1,000 miles from the court and don't have the financial means to spend time in court defending this case.

I assume the court loses subject matter jurisdiction when there is a fraud upon the court.

You're confused.

There was an alleged fraud upon the court.

You pointed it out.

The case is still being litigated.

Your theory won't wash.

What's the dispute about anyway?

What is the plaintiff seeking as a remedy?

Fill me in, I'll try to help you.

If cost is an issue and you think you can't win, why not try to settle?

If you don't show up, your landlord will get a default judgment.

That may not be so bad.

He'll have to try and enforce the judgment.

Unless you're both in Alaska or Texas (maybe California), and you're a 1,000 miles away, he'll never be able to enforce the judgment anyway!

Here's a link to a great explanation about jurisdiction.

http://topics.law.cornell.edu/wex/subject-matter_jurisdiction

http://topics.law.cornell.edu/wex/subject-matter_jurisdiction





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[boblynnj]

I rented the landlord's house for over 16 years. The real lease has long since expired and there is no other lease but his lawyer claims it's still enforceable. The landlord never did any upkeep on the house in all that time and the house deteriorated inside and out. He's suing for "damages" to the house and wants over $40K plus legal fees and costs. He also claims I didn't pay rent for the last year I lived there (untrue).

In my motion to dismiss, besides many preliminary objections, I said the landlord gave no prior legal notice that he was dissatisfied with anything. Notification of legal responsibility is "the first essential of due process of law." Connally v General Construction Co., 269 U.S. 385, 391. I believe that if I showed up in court, that alone might be enough to get the case tossed, maybe not. What's really going on is that he wants me to cover the cost of maintaining and upgrading his house via a bogus lawsuit. He lives in Wisconsin, I live in Florida and the house is in Pa. I have no intention of settling with this thief.

What gets me here is that the landlord originally used a fake lease agreement complete with 2 forged signatures as Exhibit A. In my Answer to Complaint and Motion to Dismiss, I attached 2 Affidavits complete with my signature and my wife's (the signatures don't even come close to resembling the fake ones), claiming neither of us have ever seen the fake lease, I have the real one with the landlord's signature and mine on it. The judge doesn't seem to be moved by the fact that the landlord committed a 3rd degree felony by using a forged document to attempt to commit fraud via the judicial process.

I also have to add that I know the judge in this case and she is as biased as they come.

Thanks for your help.

 

[dickg]

You seem very articulate and studied. I would suggest going to your county law library and many times staff is more than willing to help.
I can't speak for PA but in Oregon eviction courts you can try and appeal the case. From what I've heard its almost impossible to get an appeal to an eviction case. I imagine its the same in PA, but good luck.

 

[army judge]

I rented the landlord's house for over 16 years. The real lease has long since expired and there is no other lease but his lawyer claims it's still enforceable. The landlord never did any upkeep on the house in all that time and the house deteriorated inside and out. He's suing for "damages" to the house and wants over $40K plus legal fees and costs. He also claims I didn't pay rent for the last year I lived there (untrue).

In my motion to dismiss, besides many preliminary objections, I said the landlord gave no prior legal notice that he was dissatisfied with anything. Notification of legal responsibility is “the first essential of due process of law.” Connally v General Construction Co., 269 U.S. 385, 391. I believe that if I showed up in court, that alone might be enough to get the case tossed, maybe not. What's really going on is that he wants me to cover the cost of maintaining and upgrading his house via a bogus lawsuit. He lives in Wisconsin, I live in Florida and the house is in Pa. I have no intention of settling with this thief.

What gets me here is that the landlord originally used a fake lease agreement complete with 2 forged signatures as Exhibit A. In my Answer to Complaint and Motion to Dismiss, I attached 2 Affidavits complete with my signature and my wife's (the signatures don't even come close to resembling the fake ones), claiming neither of us have ever seen the fake lease, I have the real one with the landlord's signature and mine on it. The judge doesn't seem to be moved by the fact that the landlord committed a 3rd degree felony by using a forged document to attempt to commit fraud via the judicial process.

I also have to add that I know the judge in this case and she is as biased as they come.

Thanks for your help.

Well, there you go.
That's precisely why I asked.
I thought this was an out of state lawsuit.
If this case was good, he should have brought suit in federal district court.
You might be able to get it moved into federal district court in Florida, just to have it dismissed.
You'll need an attorney for that.
The PA court has no personal jurisdiction over you.
You're a citizen of Florida.
That alone makes this case a loser for him.

But, you could have mistakenly submitted to the court's jurisdiction by arguing about subject matter jurisdiction.
This case was a non-starter from its illegitimate inception.
But, is wasn't for what you claim.
It was for want of personal jurisdiction.

You also live in Florida.
Even if the crook gets a Pennsylvania judgment, getting a Florida court to domesticate it will be a chore.
Even if it gets domesticated in Florida, you're judgment proof.
Florida has homestead exemptions.
It has many debtor's exemptions.

Have you spoken with a Florida lawyer?
You should.
You might still be able to assert no personal jurisdiction over you by a Pennsylvania court.

Finally, I suspect that the old crook might not be suing you, either.
It could be a debt collector.
This sounds like their perverted handiwork and nonsense suits.

 

[boblynnj]

The landlord is suing, this is NOT a debt collector lawsuit. I've already beaten a debt collector lawsuit in the past via preliminary objections. I studied the Rules of Civil Procedure in Pa. and was able to get that suit dismissed.

In your opinion, is it better to fight personal jurisdiction or let him get a default judgment and make him try to collect on it? It sounds like you advise the latter. Besides the financial drain, I have zero trust in lawyers, been there done that. Their number one objective is to suck people dry.

 

[army judge]

The landlord is suing, this is NOT a debt collector lawsuit. I've already beaten a debt collector lawsuit in the past via preliminary objections. I studied the Rules of Civil Procedure in Pa. and was able to get that suit dismissed.

In your opinion, is it better to fight personal jurisdiction or let him get a default judgment and make him try to collect on it? It sounds like you advise the latter. Besides the financial drain, I have zero trust in lawyers, been there done that. Their number one objective is to suck people dry.

You might have unwittingly submitted yourself to the jurisdiction if the PA court. I don't know how you were served. You didn't have to accept service. I'm suspect they mailed you some crap by certified letter. Doesn't matter, it might not be legal anyway.

Bottom line, even if he gets a judgment, he can't collect on it. I think it's a debt collector working to scare you. If he loses, he pays. If you lose, they're asking YOU to pay their legal fees.

This suit is crap anyway. But, crooks do get lucky. The thing that pretends to be a judge seems to be on their side.

I'd dispute the personal jurisdiction. If the crooked judge denies you, they'll never attach anything of yours in Florida. Besides, hasn't the SOL already run on this suit? I'd have attacked personal jurisdiction, before working on the merits. Barring that, I'd have used the SOL. This tolled years ago.


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[boblynnj]

I was not properly served, the complaint was left on my doorstep and that was one of my preliminary objections. Again, this is NOT a debt collector and it is well within the statute of limitations. After reading up on personal jurisdiction, it seems that is NOT a proper defense for me because it cannot be used if I had any business in the jurisdiction I'm being sued in (I lived there).

 

[army judge]

I was not properly served, the complaint was left on my doorstep and that was one of my preliminary objections. Again, this is NOT a debt collector and it is well within the statute of limitations. After reading up on personal jurisdiction, it seems that is NOT a proper defense for me because it cannot be used if I had any business in the jurisdiction I'm being sued in (I lived there).

We'll see.

Did they leave it on your doorstep in PA or FL?

Even if you were properly served in PA (or improperly served), notice is part of service and jurisdiction.

A resident of one state can't sue a resident of another state unless the defendant submits to the jurisdiction of the other state court.

A non-resident defendant doesn't have to willingly submit to the process of an out of state court.

That is one of the duties of federal district courts!

Every state is sovereign.

If PA wanted you for a crime, they couldn't just snatch you up in FL.

They'd have to extradite you.

This illustrates a state's sovereignty.

In civil matters, a similar principal is in play.




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[boblynnj]

We'll see.

Did they leave it on your doorstep in PA or FL?

Even if you were properly served in PA (or improperly served), notice is part of service and jurisdiction.

A resident of one state can't sue a resident of another state unless the defendant submits to the jurisdiction of the other state court.

A non-resident defendant doesn't have to willingly submit to the process of an out of state court.

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The complaint was left on my doorstep in FL.

I answered the Complaint with a Motion to Dismiss, citing multiple preliminary objections (including defective service). By doing that, I assume I didn't automatically submit to process nor jurisdiction.

There are valid defenses in FL when a party attempts to collect on a foreign judgment. Some of these are improper service (but I believe that only works if there's a subsequent default summary judgment), jurisdiction and fraud upon the court.

Click on Statute 55.605

 

[army judge]

I am of the opinion this is a bogus lawsuit. They'll never collect a dime, even if they get a judgment.

I suggest you speak with a Florida lawyer. A Florida resident can't be served like that for a Pennsylvania lawsuit.

PA courts have no personal jurisdiction over Florida citizens. I suspect the landlord is pretending to be a lawyer. Or, the lawyer is a shyster that sells his shingle to a debt collector scavenger. Or, he/she could be a rookie lawyer, scuffling and hustling for nickels and dimes.

No established, credible lawyer would take a lawsuit of this ilk. It's a crap lawsuit. Any second year law student could make it go away.






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[boblynnj]

I know the lawyer in the case, not that he isn't a bloodsucking shyster. Most lawyers in the county where I came from would jump at this case because it's all about profit, win or lose, they could care less. The judges in that county are all in bed with the lawyers so a pro se defendant stands little chance unless he's a resident up against a lawyer outside of the county. That's why I managed to win one case against a bill collector.

I may have to consult a Florida attorney at some point although I dread doing that, as I said, besides the cost, I have an extreme aversion to all attorneys. The legal industry is the biggest bloodsucking industry in America today, there is very little justice in America's justice industry.

Thanks for all your help.

 

[army judge]

I know the lawyer in the case, not that he isn't a bloodsucking shyster. Most lawyers in the county where I came from would jump at this case because it's all about profit, win or lose, they could care less. The judges in that county are all in bed with the lawyers so a pro se defendant stands little chance unless he's a resident up against a lawyer outside of the county. That's why I managed to win one case against a bill collector.

I may have to consult a Florida attorney at some point although I dread doing that, as I said, besides the cost, I have an extreme aversion to all attorneys. The legal industry is the biggest bloodsucking industry in America today, there is very little justice in America's justice industry.

Thanks for all your help.

All lawyers aren't rotten.
Just as all police officers, plumbers, carpenters, or teachers.
Some of everything is rotten, but not all of everything.
I'm going to help you knock this crappy, nothing lawsuit into the gutter.

Let's start with you reviewing this short (but, informative) treatise on in personam jurisdiction.
This takes me way back to my first law school years.
Nevertheless, reviewing something is never foolish.

Jurisdiction refers to the power of the court to decide a case. I.e., to render a decision that will be recognized and enforced by authorities and other courts. Jurisdiction is of two types: Subject matter jurisdiction and jurisdiction over the parties. A court must have both types of jurisdiction before it has jurisdiction to decide the case.
Jurisdiction over the parties (personal jurisdiction) relates to the question of whether someone from another state, Alaska, New York, or Nevada can be forced to come to the state where the lawsuit was filed (the "forum state") e.g. California, to defend against the lawsuit. The existence of personal jurisdiction depends upon a sufficient connection between the defendant and the forum state to make it fair to require defense of the action in the forum.
Jurisdiction Over Persons or Things
In personam, (or personal jurisdiction) is the power of a court to adjudicate the personal legal rights of parties properly brought before it. Requires that the court not only have jurisdiction over the subject matter of the action, but also that it have jurisdiction over each party to the action. Due process of law requires appearance or service of process (notice of pendency of the lawsuit) before the defendant can be personally bound by any judgment.
A person is subject to in personam jurisdiction on any of the following theories:
(1) Presence, i.e., being served with a copy of the summons and complaint while physically present in the forum jurisdiction. The physical presence of a defendant in the forum is a sufficient basis for acquiring jurisdiction over him, no matter how brief his stay might be. (Pennoyer v. Neff, 95 U.S. (5 Otto) 714, 24 L.Ed. 565 (1877). )
(2) Domicile (residence) alone is a basis for exercising jurisdiction over an absent domiciliary. (Milliken v. Meyer, 311 U.S. 457, 61 S.Ct. 339, 85 L.Ed. 278 (1940).) I.e., a person may always be sued for all claims, regardless of where they arise, in their state of permanent residence or in the case of a corporation, the state in which it is incorporated.
(3) Consent to personal jurisdiction. A defendant who has not been personally served in the jurisdiction can nevertheless voluntarily appear and submit himself to jurisdiction. In such cases defendant is said to have "consented" to jurisdiction. Can consent be obtained in advance of any lawsuit being filed? Can consent be implied? Hess v. Palowski, 274 U.S. 352, 47 S.Ct. 632, 71 L.Ed. 1091 (1927) says yes. A state can legislate that a nonresident motorist using its highways be deemed to have appointed a local official as his agent to receive service of process in any action growing out of the use of the vehicle within the state. However, the state must provide actual notice to the nonresident defendant.
(4) Minimum Contacts. Having sufficient dealings or affiliations with the forum jurisdiction which make it reasonable to require the defendant to defend a lawsuit brought in the forum state. (Int'l Shoe) Hence, a defendant who has never set foot in California may nevertheless be subject to valid personal jurisdiction so as to be compelled to defend a lawsuit in California provided that he has minimum contacts with the forum state such that compelling him to appear and defend in the forum does not offend traditional notions of fair play and substantial justice. (International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945).) I.e., the due process clause does not permit a state to exercise personal jurisdiction over an individual or corporation with which the state has no contacts, ties or relations.

http://www.west.net/~smith/jurisdiction.htm

Challenging Jurisdiction​

By making an "appearance" in response to a lawsuit a defendant is in effect submitting to the jurisdiction of the court and waiving any defects, if any, in personal jurisdiction. In most states a defendant who wishes to challenge jurisdiction may do so by making a special appearance which is limited to the issue of jurisdiction. (See, e.g., Cal.Code.Civ.Proc. § 418.10) If he or she raises any other issues or claims he has made a general appearance and waives any defects in jurisdiction. In federal courts no special appearance is necessary. Jurisdiction may be challenged in a FRCP 12(b) motion or included as a defense in the answer.

The Requirement of Notice
The existence of personal jurisdiction depends upon a sufficient connection between the defendant and the forum state to make it fair to require defense of the action in the forum and the giving of reasonable notice to the defendant that an action has been brought. If the defendant has not received proper notice, the court's power to adjudicate is imperfect. Notice is usually given by serving the defendant with the "process" (e.g. a copy of the summons and the complaint) of the court.
Service of process is governed by FRCP 4. The three methods of serving process are personal service, substituted service, and constructive service. Due process does not require that the defendant be served personally however, notice "reasonably certain" to reach the defendant is required. I.e., Notice must be reasonably calculated under all the circumstances to apprise the defendant of the pendency of the action. (Mullane v. Central Hanover Bank, 339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865 (1950).)
How to analyze the issue of whether the notice given is valid
1. Is there a statute which authorizes this particular method of notice?
2. If so, does the statute meet the minimum constitutional requirements?
Attacking Notice
Defective service of process can be challenged by a FRCP 12(b)(5) motion to dismiss or the objection can be made in the answer. Defective service of process goes to lack of notice. Due process requires notice and an opportunity to be heard.

Minimum Contacts - The Four Principles of International Shoe
1) Jurisdiction is permissible when the defendant's activity in the forum is continuous and systematic and the cause of action is related to that activity.
2) Sporadic or casual activity of the defendant in the forum does not justify assertion of jurisdiction on a cause of action unrelated to that forum activity.
3) A court may assert jurisdiction over a defendant whose continuous activities in the forum are unrelated to the cause of action sued upon when the defendant's contacts are sufficiently substantial and of such a nature as to make the state's assertion of jurisdiction reasonable. ("general jurisdiction")
4) Even a defendant whose activity in the forum is sporadic, or consists only of a single act, may be subject to the jurisdiction of the forum's courts when the cause of action arises out of that activity or act. ["specific jurisdiction"] (Friedenthal § 3.10)

Helicopteros Nationales De Colombia, S.A. v. Hall, 466 U.S. 408, (1984) recognizes a distinction between "general" and "specific" jurisdiction. In order to assert general jurisdiction there must be substantial forum related activity on the part of the defendant. The threshold for satisfying minimum contacts is higher than in specific jurisdiction cases. (Friedenthal 3.10)
Hanson v. Denckla, 357 U.S. 235, 78 S.Ct. 1228, 2 L.Ed. 1283 (1958) held that the "minimum contacts" a defendant must have with the forum state must be in the form of a purposeful affiliation on the part of the defendant. I.e., jurisdiction is impermissible where the defendant's contact with the forum is not purposeful. (Friedenthal § 3.10)
"Long -arm" statutes (a reference to the authorization to "reach out" beyond the borders of a state) predicate jurisdiction over nonresidents upon a variety of contacts with the forum, including the transaction of business in the state, the commission of certain acts within the state, e.g., the commission of a tort, ownership of property, entering into a contract. (Friedenthal § 3.12) California's long-arm statute is short and simple, yet it authorizes the exercise of personal jurisdiction to the broadest extent that due process will permit as set forth in the International Shoe, supra, case.

 

[boblynnj]

You're right, not all lawyers are rotten but unfortunately, the legal industry is all about money and that is always a conflict of interest.

After reviewing the above, it seems I've submitted to the jurisdiction of the court by defending the lawsuit. I already filed preliminary objections as to service, fraud upon the court, failure to notice and seek remedy prior to the suit and all my preliminary objections were ignored. I wanted to challenge subject matter jurisdiction on the basis of the court's failure to protect my civil and statutory rights as mandated by Oath of Office and I also cited "The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection." Marbury v Madison 5 US 137 (1803). But you claim I have no basis to challenge subject matter jurisdiction on the basis that a court is operating outside the Constitution's requirement of DUE PROCESS and EQUAL RIGHTS. So where would you suggest I go from here.

 

[army judge]

A plaintiff who wants to sue a defendant in another state has to properly serve the defendant. That isn't easy, and often impossible in these cases.

Your appearance or answers were not to defend the merits, but to attack the jurisdiction. You sought to attack subject matter jurisdiction, now attack personal jurisdiction. Or, you could file in your federal district court to hear the case in it's merits. As a limited jurisdiction court, federal courts are the proper venue for disputes to be settled amongst litigants of different states. A federal case is very hard to plead for plaintiffs and very expensive. Look at the federal rules of civil procedure for your federal district court to see how to get the case moved there. You believe you can defend on the merits as well, so this is the best if both worlds for you. When you move for the case to go federal, they'll drop it or try to settle. Besides, federal courts will encourage you to talk settlement anyway.


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[boblynnj]

I don't see any grounds that I may have to support an attack on personal jurisdiction. Everything I've seen so far on the subject seems to point to that the court does indeed have personal jurisdiction. As to trying to get the case moved to the Southern District of Florida, there is nothing in the Local Rules about that, not that this is a good option for me. And as I said, I have no intention of settling with the landlord. I see my best option here is to let him win in Pa. and make him try to collect in FL. I have several defenses I can use if he tries to collect (improper service and fraud among 2 of them). In the meantime, I probably have no choice but to consult a Florida attorney and see what he/see suggests.