Re: MBNA / Reston - URGENT - Defense sruck out! pls Help!
If a court does not have jurisdiction over both claiment and debtor they do not have the legal jurisdiction to make any such judgement or court order. The case simply can not go ahead and neither can the claim.
According to what you said above, a claiment would be able to go to court get a judgement regardless of whether the defendant knew about it or whether the defendant was under the jurisdiction of the UK courts or not, which is simply not true. It would breach so many of the defendants rights i would dread to list them not to mention international law that governs court geographical jurisdiction. A courts jurisdicition is just that, geographical if you reside outside of that geographical territory then you are not under the jurisdiction of that geograpahical territory or its courts or its laws.
Originally posted by Mr.Peterbard
View Post
According to what you said above, a claiment would be able to go to court get a judgement regardless of whether the defendant knew about it or whether the defendant was under the jurisdiction of the UK courts or not, which is simply not true. It would breach so many of the defendants rights i would dread to list them not to mention international law that governs court geographical jurisdiction. A courts jurisdicition is just that, geographical if you reside outside of that geographical territory then you are not under the jurisdiction of that geograpahical territory or its courts or its laws.
Comment