summons

Date: Mon, 08/03/2009 - 08:33

Submitted by anonymous
on Mon, 08/03/2009 - 08:33

Posts: 202330 Credits: [Donate]

Total Replies: 3

I am being sued by midland funding llc for a credit card debt in florida. they tried to serve me a summons at my mailing address which is my mothers house, she told them i dont live there and that i live at my girlfriends house in the area which she does not no where, and she would take the summons for me, they refused to give it to her and left. i checked my docket on the pinellas county public records and it stated summons returned not served. my question is are they going to mail the summons to my previous address which is in nevada, how will i know if they mail a summons to my previous address, will it say when they do mail 1 on my docket on the court records

It is possible...or they may serve you by publication in your lo

It is possible...or they may serve you by publication in your local newspaper. If your mothers house is your official mailing address, they just may mail it there.

lrhall41

Submitted by SOAPLADY on Mon, 08/03/2009 - 08:42

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will i know if i check my docket on the online records for my my

will i know if i check my docket on the online records for my my county if they mailed 1 or sent 1 to my previous address, do they have to file with the court to mail or to send thru publication

lrhall41

Submitted by on Mon, 08/03/2009 - 08:51

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I am surprised to hear they would not give it to her. Florida i

I am surprised to hear they would not give it to her. Florida is one of those states where anyone who answers the door can be served your paperwork so I guess her statement of you not living there was enough to void the server from leaving the summons.

In Florida they will continue on with the default judgment by stating a personal delivery of the summons was attempted and then mailed or published. You will then have to tell the judge why you were not aware of lawsuit prior to a vacated judgment (if allowed). The lawsuit will then start over and everything begins again. SOL does not apply in situations on vacated judgment as the suit was underway before sol was up. You may want to just call the courthouse and pick up your own summons as these things are better to just get them over with. You will at least have a chance of launching a discovery into contracts the plaintiff has on hand to prove the due debt and possibly have the case dismissed as lawyers hate problems and problems are often people who know their rights.

lrhall41

Submitted by on Mon, 08/03/2009 - 10:00

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