Springfield, OH asked in Contracts, Business Law and Civil Litigation for Ohio

Q: Subject Matter Jurisdiction (personal)

Can an ohio plaintiff file in an ohio municipal court to demand a florida-domiciled person to come to ohio to address the plaintiff suit for $4k+ claiming damage to property? If she was duped into coming all the way to ohio under the threat of a default judgment against her, and went to trial, does she have recourse since she can prove her place of domicile before the case was filed (over a year before) and has verification of where she went back to the day following her trial?

****I received an answer from another attorney of another site that said something interesting, what's your take on these words? "The answer largely depends on whether the judge was made aware of the jurisdictional issue before trial. If not, then it is almost impossible to secure relief. But if the judge was informed of the issue in the form of a motion to dismiss the case, and went forward, then depending upon the proof offered of the lack of jurisdiction it should be possible to secure a reversal. "

1 Lawyer Answer
Glenn B. Manishin
Glenn B. Manishin
Answered

A: No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.