I recently received a summons from my former business partner from a US district court with a claim of fraud for $100,000. Previously this had gone to State Criminal court and the plaintiff claimed he was defrauded of $40,000. He then tried to sue me in State civil court, but couldn't serve the summons so I'm guessing his lawyer told him to change the claim to over $75,000 and sue in Civil district court.
My lawyer from the criminal case doesn't handle civil cases, but he told me they shouldn't have jurisdiction. My question is this... Assuming there is no jurisdiction and the case isn't taken can I be compensated for legal costs involved with me getting a lawyer to claim no jurisdiction? Also, can the federal district court rule in my favor for this compensation or would I have to take on another lawsuit?
My lawyer from the criminal case doesn't handle civil cases, but he told me they shouldn't have jurisdiction. My question is this... Assuming there is no jurisdiction and the case isn't taken can I be compensated for legal costs involved with me getting a lawyer to claim no jurisdiction? Also, can the federal district court rule in my favor for this compensation or would I have to take on another lawsuit?