Can a party in a Georgia case avoid a hearing by declaring residency and jurisdiction in another state after being served?
One of the parties in my case has been declaring GA as the legal residence for seven years (even though they lived in other states) due to student status and that they intended to return after graduation from school. The party was served in April/2012 a new complaint. In May the opposing lawyer filed a dismissal based on lack of jurisdiction. The party then changed drivers license, auto tags, etc. to a different state after the dismissal was filed by their lawyer was filed to avoid the hearing.
1 Answer from Attorneys
Being served with a complaint means nothing. Just because a defendant is served does not mean the defendant loses the right to file objections to jurisdiction. The question is not what the defendant did after the objections were filed but how did the court rule? The issue will be what were the circumstances when the lawsuit was filed. Do you have a lawyer? Did you file a response to the defendant's objections?
If you did not, then get to a lawyer now.