Williamstown, NJ asked in Personal Injury, Workers' Compensation, Civil Litigation and Municipal Law for New Jersey

Q: Personal Injury Lawsuit, filed in the wrong County, can I get it tossed out?

Hello, I have a personal injury lawsuit on my hands due to someone falling on my property and having injury due to them not following my walk way and cutting across my property/lawn while working for a Big company. The Case was filed in Superior Court; Civil Division, but in the wrong County.

Can I get this thrown out? I know she can probably re-file or have it transferred to the correct County but since she filed in the wrong County and there was no change of venue or reason for a change of venue. We both have attorneys and neither of them noticed. Should I bring this up to my attorney? Shouldn't she (my attorney) of noticed this?

1 Lawyer Answer

A: Yes if you have a lawyer you should definitely advise him of this fact.

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