Legal Question in Consumer Law in Florida

How To File a Motion to dismiss for improper venue
Hello there, and thank you for your help in advance.
I've been summoned to a Florida Court for an item I sold on ebay. I live in California, where the item was shipped from. The plaintiff previously disputed the item on ebay/paypal, but paypal sided with me, the seller, saying I accurately described the item (which I believe I did)
The summons says if I believe the plaintiff has not sued in one of the correct places, I may file a written request of transfer, in affidavit form. I also have to send a copy to the plaintiff with said notice.
I have a few questions on this:
1. Is filing a motion to dismiss the same thing as requesting transfer? I had read that (in CA at least) that if the plaintiff filed in the wrong court then the case gets dismissed. Which is more logical to file, a transfer or ask for dismissal?
2. Do I have a lawyer draw up the paperwork, or can I go to a local court and get the documents to do it myself, or a legal document filing service?
3. How do I give said notice? Does it have to actually be served, or just sent in mail?

Thank you so much

Asked on 3/24/08, 2:28 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

0 users found helpful

0 attorneys agreed

Re: How To File a Motion to dismiss for improper venue

You probably need a lawyer. the motion is not one of venue, but a motion to dismiss for lack of personal jurisdiction.

Answered on 3/25/08, 1:23 am

Keywords

Match Any Match All

Country

State

Area of Law