I might be sued in the wrong court (venue), how do I dispute this?

Updated: Apr 27



"Venue" is the court for which your case is heard, with every state and county having its own court. It is up to the person suing you to sue you in the right court.


If you believe you were sued in the wrong court, you can dispute the venue of your case. Typically disputing the venue may result in your case being transferred to a different court, or dismissed (without prejudice) but the plaintiff may refile the case in a different court, it will not actually close the case. Even if you know you are sued in the wrong court, you can volunteer to have it heard at the court you are sued in, so you can get it over with.

If you believe that you were sued in the wrong court and you would like to dispute the venue, you have two options:

  1. Go to court on the day of your trial hearing and request that the case be dismissed.

  2. Write to the court explaining why you think the claim was brought to the wrong court. Be sure to send a copy to the other parties.

If the judge disagrees with you, then your case will be heard that day. If the judge agrees, then your case will either be dismissed or transferred to a different court


Examples of correct venue:

  • I live in the county/state where the court is located.

  • The dispute arose in the county/state where the court is located.

  • When I made the agreement with the plaintiff, I agreed to be sued in the county/state where the court is located.

  • I was in the state where the court is located when I received notice of being sued (I got served in the state).

  • My business is registered to do business in the state where the court is located.

  • My business's principal place of business or office is in the county/state where the court is located.

  • My business directly contracts with the state, a business in the state, or a resident of the state where the court is located.

  • My business seeks to serve businesses or residents of the state where the court is located.

If any of the above applies, then you are likely sued in the right location.


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