Legal Question in Civil Litigation in Massachusetts
change of residence
I lived in one district of Massachusetts and filed suit at the appropriate court. Now I have left no longer live there. I have a 'mailing address' in another district now but no 'residence' like a place that someone can come and get you. How do I properly proceed? I would rather not have the case transfered and do not want to get in trouble with the court.
2 Answers from Attorneys
Re: change of residence
George, is this you!!?? If it is, you've raised different
issues than before. You've made me wonder why you filed where
you did in the first place.
In general, you file a suit where the DEFENDANT resides, not
where you reside(d). That's the starting point, anyway. That's
where the court has jurisdiction over the defendant. As illustration,
a court in California wouldn't have "personal jurisdiction" over
you and if someone brought a suit there and you ignored it, and they
won, you would be within your rights to ignore the orders of that
court (although to be certain, you might make a special "limited
appearance" to tell them that they don't have personal jurisdiction).
However, by the way, once any response is made (answer, appearing at
a hearing or trial, counterclaim, motion filed) which does not contest
jurisdiction, you are deemed to have waived jurisdiction defense from
that point on. I literally just nailed a California woman on this point
because she was stupid enough not to hire an attorney and to try to make
her own legal defense, so she's lost on that point already, irretrievably.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
Call me if I can help you in any way.
(617) 527-1763
Re: change of residence
Just notify opposing counsel and the court of
your new mailing address. People move all the time. The case stays where it is.