Legal Question in Credit and Debt Law in California
I was served with a Civil Summons and Complaint (under "Contracts" Rules 3.740 Collections) on 02-16-14 (a Sunday!)
The plaintiff (Portfolio Recovery Associates) filed the Complaint with CA Superior Court San Diego (Hall of Records) downtown San Diego on 02-06-14.
I live in El Cajon (EAST COUNTY) which is serviced by its own East County branch of the CA Superior Court.
The plaintiff filed the Complaint in the wrong venue.
Do I make a motion to Dismiss for Improper Venue? (and what is the Court Rule number of such a motion?) OR do I file a "Request for Dismissal" (CIV-110 form)?
I am disabled and in poverty. Should I petition the Court to waive its fees, and, if so when? (before I file the motion or Request for Dismissal) or after I file?
2 Answers from Attorneys
You have no legal grounds for dismissal for two reasons. 1. Venue in California is determined by county, not which court facility within a county. As long as a case is filed in the right county there is no right to dismiss for improper venue. 2. The East County facility only handles criminal, family law, restraining orders, and juvenile dependency cases. All other cases are filed at the main court.
You should file a request for fee waiver (which is a Judicial Concil Form) before, or at the same time, you file anything else, as anything else will require a filing fee.
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