The sometimes complicated rules as to where you can sue and be sued mean that occasionally people and businesses are sued in the wrong court. If you are served with court papers that list an improper judicial district for the hearing, you have two choices.
If a court determines that the suit has been filed in the wrong court, it will either dismiss the case or transfer it to a proper court. A dismissal shouldn't be a problem as long as the plaintiff sued reasonably promptly after the loss occurred, because the plaintiff still has plenty of time to refile, with no worries that too much time will have passed. If the defendant challenges venue with a letter but the court rules that, in fact, the suit was brought in the correct court, then the judge will probably delay the hearing for a few days to give the defendant time to make arrangements to appear.
2100 Coast Drive
Small Claims Court
Re: Upton vs. Downey
I am the defendant in this case. Because I have been sued in the wrong court and will be highly inconvenienced if I have to defend myself there, I request that you please dismiss this court action.
My request is based on the fact I live in Beachtown, FL, and the car accident that gave rise to this case occurred in Orange County. The fact that plaintiff later moved to Tallahassee and chose to file suit in your court does not amount to a valid legal reason to have it heard there.