Legal Question in Civil Litigation in Missouri

Re: Court case is filed in another city

The answer posted by Mr. Dewitt is exactly right. Historically, an attorney would file what we called a limited entry of appearance on your behalf so that jurisdiction would not be conferred by the attorney entering a geneneral appearance on your behalf. I'm sure that your attorney in K.C. will know how best to handle it. By the way, you may also need to hire an attorney from this area once the case is transferred to St. Charles county. If I may be of any service to you, please do not hesitate to call me at 314-727-2822. Good luck!

Re: Court case is filed in another city

Well, first of all, is the case filed in small claims court? If not, then you'll probably need an attorney to handle the matter.

Generally venue is proper only where the cause of action arose (meaning St. Charles County) or where the defendant resides (ditto) or where the defendant may be found (meaning anywhere in the state that the sheriff can find you and serve you with papers).

An attorney would file a motion to transfer venue and an answer to the allegations in the lawsuit. The case can't be dismissed because of improper venue, but rather, must be transferred to the place where it could have originally been brought.

You should also consider filing a letter of complaint with the Office of Chief Disciplinary Counsel because in this instance it is a clear breach of the rules and the attorney is doing it for what could be an improper reason. You should ask the Office of Chief Disciplinary Counsel in Jefferson City to investigate the issue.

In the meantime, retain an attorney in KC to file the motion and an answer.

Good luck.