Question about a pending lawsuit in Florida
Date: Thu, 06/11/2009 - 15:43
Hi All, I just have a couple specific questions.
First of all, I havn't been served papers yet. If my understanding is correct, I have 20 days to respond after papers are served. The only reason I found out about this lawsuit is because I needed to check country records for something else and saw this come up. They still have an old address so they must not have tracked me down yet.
So, first of all, if they never serve me papers do I even need to do anything? This is one of the major credit card companies....would I have any luck trying to work with them prior to them tracking me down and serving papers?
Second question, I understand I can have the case dismissed for invalid venue due to the court they filed with not being in my county. Should I do this now, or wait for papers to be served first?
And what will happen if the pretrial date comes and goes and I havn't been served? Will the judge realize this and throw it out, or will the judgement be approved and then I'll have to contest it later?
TYIA
First of all, I havn't been served papers yet. If my understanding is correct, I have 20 days to respond after papers are served. The only reason I found out about this lawsuit is because I needed to check country records for something else and saw this come up. They still have an old address so they must not have tracked me down yet.
So, first of all, if they never serve me papers do I even need to do anything? This is one of the major credit card companies....would I have any luck trying to work with them prior to them tracking me down and serving papers?
Second question, I understand I can have the case dismissed for invalid venue due to the court they filed with not being in my county. Should I do this now, or wait for papers to be served first?
And what will happen if the pretrial date comes and goes and I havn't been served? Will the judge realize this and throw it out, or will the judgement be approved and then I'll have to contest it later?
TYIA
The creditor cannot bring judgment against unless you receive a
The creditor cannot bring judgment against unless you receive a summon and you have nothing to do till you are served with the summon papers. However, in case you receive a default judgment, you can always file a motion to vacate the judgment. You can definitely negotiate with your creditors and settle the debt outside the court to avoid judgment.
They can say they served you and win a judgement against you in
They can say they served you and win a judgement against you in court. I would call the clerk and check to see if that is what they did.
