Question about Jurisdiction

[135andrew]

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?

 

[army judge]

I suggest you speak with a lawyer conversant with federal rules of civil procedure.

This has nothing to do with jurisdiction, per se. Clearly, any federal district court has personal jurisdiction over a US citizen. However, you can have the matter tried in a Federal District Court in your state, versus the plaintiff's state.

Time is a factor in federal civil cases, as are your ability to assert certain defenses. You need to engage a lawyer. This won't get resolved here.


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[135andrew]

I do have a scheduled visit with a lawyer that practices in federal civil court. My question about jurisdiction came from the fact that my criminal lawyer said there is no way the federal court should have jurisdiction and that it should be tried in state court. In reading the federal summons they claim jurisdiction based on diversity, but for that to hold up the amount in question must be over $75,000.

 

[army judge]

I do have a scheduled visit with a lawyer that practices in federal civil court. My question about jurisdiction came from the fact that my criminal lawyer said there is no way the federal court should have jurisdiction and that it should be tried in state court. In reading the federal summons they claim jurisdiction based on diversity, but for that to hold up the amount in question must be over $75,000.

Talk with the lawyer and no other person about it.




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